Critical Case Comment

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By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

Hann v. Educational Credit Management Corp. (In re Hann), 711 F.3d 235 (1st. Cir. March 29, 2013).

Creditors cannot ignore claim objections, even when the debt is a nondischargeable student loan.  Debtors objecting to a claim on the merits should be prepared to put on a prima facia case in support of the objection – even if the creditor does not respond. The prevailing party preparing an order, especially ones involving the treatment of a claim, should draft the order with such specificity that its effect . . .

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