Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Appendix 11 U.S.C. § 365(d)(3) and (4), Showing Changes Made by Consolidated Appropriation Act, 2021 ("CAA"), Pub. L. 116-260, 134 Stat. 1182 (eff. Dec. 27, 2020) (Sunset December 27, 2022. Changes continue to apply in cases commenced before sunset under subchapter V of Chapter 11.) 11 U.S.C. § 365(d)(3) Pre-CAA Post-CAA...
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Nashville, TN
Educational Credit Management Corporation v. Pulley (In re Pulley), 532 B.R. 12 (E.D. Va. April 30, 2015) (Hudson)
A student loan creditor is not estopped or otherwise precluded from collecting on a student loan obligation after the debtor receives a discharge in a Chapter 13 case where the student loan creditor had abandoned its claim and returned disbursed funds to the trustee.
Case Summary
Jenny Pulley filed a Chapter 13 petition in December of 2006 proposing to repay creditors over a sixty month . . .
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