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 – Chapter 13 Issues
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By The Honorable William Houston Brown (Retired)
Disposable Income: Payments on stripped mortgage were part of projected disposable income. Notwithstanding § 707(b)(2)(A)(iii)(I)’s deduction for “amounts scheduled as contractually due to secured creditors,” the debtors were not permitted to deduct payments on a junior mortgage that was being stripped in the plan. Under Hamilton v. Lanning, the stripping’s result in elimination of secured claim was a “known or virtually certain” change in deductible payments. In re Garrepy, 501 B.R. 13 (Bankr. D. Mass. 2013).
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