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...
From the Editor – Lien Stripping
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Sixth Circuit BAP allows lien stripping in Chapter 20. A debtor who was ineligible for discharge because of a prior Chapter 7 discharge within four years was not prevented from stripping a wholly unsecured junior mortgage in the plan. The confirmed plan contained a provision for “avoiding” that mortgage, but the bankruptcy court denied the debtor’s postconfirmation motion to avoid based on §§ 1325(a)(5) and 1328(f). The bankruptcy appellate panel reviewed the split of authority and followed the “growing consensus of courts” that inability to receive . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment
The Student Loan Solution
Critical Case Comment–Who is Responsible to Address Eligibility Questions?
Critical Case Comment – How Many Cats?
An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years
In re Fulton: Seventh Circuit Affirms Its Position with Majority of Circuits on Passive Retention of Property as Violation of Sections 362 and 542
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
A Day in the Life of a Chapter 13 Trustee
Representing Elderly Clients in Bankruptcy – Part 1 of 3
Do I Really Have to Tell the Trustee About Newly Acquired Assets?