Critical Case Comment – Educational Credit Management Corporation v. Kirkland (In re Kirkland), 2010 WL 851414 (4th Cir. March 12, 2010) (Agee)

Educational Credit Management Corporation v. Kirkland (In re Kirkland), 2010 WL 851414 (4th Cir. March 12, 2010) (Agee)

Bankruptcy court lacks subject matter jurisdiction to determine issues relating to collection costs and post-petition interest accruing on a student loan proposed to be paid in a Chapter 13 case.

Summary of the Case

The debtor’s Chapter 13 plan proposed to pay three student loans in full during the Chapter 13 case. The Chapter 13 plan would . . .

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