By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division When the Supreme Court issued United Student Aid Funds, Inc. v. Espinosa1 on March 23, 2010, commentators were perplexed.2 On the one hand, the Court upheld the 9th Circuit’s ruling allowing a hardship discharge of student loans in a chapter 13 plan. The Court held that...
Critical Case Comment – In re Castleberry, 2010 WL 4023393 (Bankr. M.D. Ga. September 29, 2010) (Walker)
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In re Castleberry, 2010 WL 4023393 (Bankr. M.D. Ga. September 29, 2010) (Walker)(ConsiderChapter13.org publication date 11/22/10)
Failure of a creditor to timely object to the debtor’s Chapter 13 plan constitutes acceptance of its treatment which crammed down a potential “910 car.”
Summary of the Case
The debtors’ Chapter 13 plan proposed to pay Ford Motor Credit the value of its collateral and pay nothing to the unsecured portion of its claim . . .
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