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 – Eligibility and Debtor’s Standing
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By The Honorable William Houston Brown (Retired)
Wholly unsecured mortgage was included in unsecured debt for eligibility. Citing a majority of courts holding that the interplay of §§ 506 and 109(e) requires that wholly unsecured junior liens are counted as unsecured debt for eligibility purposes, the court concluded that this view was correct. “Unsecured claim,” as referred to in § 506 should be considered an “unsecured debt” under § 109(e). The court stated that it was not bound by the characterization of a claim in the debtor’s schedules. The case was dismissed for ineligibility, based on . . .
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