Critical Case Comment

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 other debts, they owed about $200,000 to Sallie Mae on student loans. They represented that their debts to Sallie Mae were “Tuition Answer Loans” and their Chapter 13 plan placed the educational obligations . . .

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