As I understand, there is case law that requires we include student loans
in the Plan and treat them as any other Class 5 creditor.
I'm quite bummed that we can no longer treat them "specially" or outside
the Plan.
Christine
On Sat, Feb 9, 2013 at 5:10 PM, Steven B. Lever wrote:
> **
>
>
> To somewhat hijack, or rather extend a thread, Im thinking about
> proposing a plan that pays student loans outside the plan. ****
>
> ** **
>
> I know there is case law allowing that.****
>
> ** **
>
> This is a Los Angeles case.****
>
> ** t **
>
> Has anyone done this successfully? What happens if they put in a Proof of
> Claim? Would I have to object to it?****
>
> ** **
>
> Steve Lever ****
>
> ** **
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
> Of *Nicholas Gebelt
> *Sent:* Saturday, February 09, 2013 11:26 AM
> *To:*
cdcbaa@yahoogroups.com
> *Cc:* 'Nicholas Gebelt'
> *Subject:* RE: [cdcbaa] Chapter 13--no proof of claim filed by student
> loan holder****
>
> ** **
>
> ****
>
> Dear Kenneth,****
>
> ****
>
> The student debt would not be discharged. *See* 1328(a)(2) combined
> with 523(a)(8) for the situation where the debtor completes the plan, and
> 1328(c)(2) for the Chapter 13 hardship discharge.****
>
> ****
>
> Nick****
>
> ****
>
> Nicholas Gebelt, Ph.D., J.D.****
>
> Board Certified Bankruptcy Specialist****
>
> ****
>
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ngebelt@gebeltlaw.com****
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> ****
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
> Of *Kenneth Schwartz
> *Sent:* Saturday, February 09, 2013 11:19 AM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Chapter 13--no proof of claim filed by student loan
> holder****
>
> ****
>
> ****
>
> Confirmed Plan (100%) provides for payment of a small student loan
> ($4,200). No claim has been filed. Client has the resources to pay outside
> of the Plan, but query, would the loan be discharged since it was to be
> paid in full, and the creditor failed to file a proof of claim?****
>
> ****
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
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As I understand, there is case law that requires we include student loans in the Plan and treat them as any other Class 5 creditor.I'm quite bummed that we can no longer treat them "specially" or outside the Plan.
ChristineOn Sat, Feb 9, 2013 at 5:10 PM, Steven B. Lever <
sblever@leverlaw.com> wrote:
To somewhat hijack, or rather extend a thread, Im thinking about proposing a plan that pays student loans outside the plan.
I know there is case law allowing that.
This is a Los Angeles case. t Has anyone done this successfully? What happens if they put in a Proof of Claim? Would I have to object to it?
Steve Leverf81bd">
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of Nicholas Gebelt
Sent: Saturday, February 09, 2013 11:26 AMTo:
cdcbaa@yahoogroups.com
The post was migrated from Yahoo.
