Critical Case Comment

By Henry E. Hildebrand, III

Where a student loan creditor and servicer do not comply with a provision of the confirmation order requiring the student loan creditor to properly apply payments and to permit the debtor to participate in the Income Driven Repayment plan or Public Service Forgiveness plan, attorney’s fees are appropriate and can be awarded against the servicer of the student loan. (Waites) In re LaDeidra Antoinette Berry, No. 16-01460-JW (Bankr. D.S.C. filed Feb. 2, 2018)

Case Summary

At the time the debtor filed her Chapter 13 petition, she . . .

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