Critical Case Comment

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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