By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) A Non-Governmental Private Student Loan Obligation is not always excepted from discharge by § 523(a)(8). (Holmes) McDaniel v. Navient Solutions, LLC, 2020 WL 5104560 (August 31, 2020) Case Summary Bryon and Laura McDaniel filed a Chapter 13 petition in 2009. They acknowledged that, among...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee
In re Michael, 699 F.3d. 305 (3rd Cir., Oct. 26, 2012)
When a Chapter 13 case converts to a Chapter 7 post-confirmation, the funds held by the trustee at the time of conversion should be sent to the debtor rather than distributed to creditors pursuant to the confirmed plan. (Ambro)
Case Summary
Mr. Michael filed a Chapter 13 petition proposing to pay GMAC mortgage directly while paying the Chapter 13 Trustee $277 a month for a period of 53 months. As could . . .
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