By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Are private educational student loans automatically excepted from discharge by § 523(a)(8). (Jacobs) Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, 2021 WL 2964217 (2nd Cir. July 15, 2021) Case Summary Hilal Homaidan received a number of educational loans to attend College. Shortly after graduation, he filed a Chapter...
From the Editor’s Desk – Two Issues: Reopening Cases and Fair Debt Collection Practices Act
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By The Honorable William Houston Brown (Retired)
Reopening Cases
Appeal of denial of reopening dismissed for lack of standing. After completion of the plan and discharge, individuals moved to reopen the case for the purposes of vacating discharge and filing dischargeability complaint, and the motion was denied. Those individuals failed to demonstrate that they had a pecuniary interest or were “persons aggrieved,” and they lacked standing to appeal the denial. Allen v. Joseph (In re Hawkins), ___ B.R. ____, 2013 WL 6729887 (D. Del. Dec. 20, 2013). See also Finley . . .
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