Student debt as non-consumer
Posted: Mon May 21, 2012 1:20 pm
Thank you to everyone for the happy birthday messages. I was sorry to miss Saturday, but double booked the day.
As much as I poopoo thank you notes, I got so many happy birthday emails, I hope you do not mind my reply to all.
The pictures of the balloons were delightful.
dennis
________________________________
To: cdcbaa@yahoogroups.com
Sent: Saturday, May 19, 2012 2:19 PM
Subject: [cdcbaa] Re: Student debt as non-consumer
The case most-often cited is In re Stewart, 175 F.3d 796, which was a 10th Circuit case. BTW, this is from information at one of our cdcbaa seminars in 2009. Our materials talked about student loans and whether they were non-consumer debt, cited Stewart, and said "Where it is for tuition and books, probably (probably non-consumer), but not for housing and pizza." (Materials from CDCBAA seminar on Means Testing, June 13, 2009) While there is still not any direct 9th Circuit authority, since that time in 2009 it seems like many other courts have addressed the issue and the trend seems to be that as long as it went for education, it is non-consumer debt. How would it not go into education? If it was used for something non-related to education, as in buying family groceries, etc. I suppose it could get murky in the area of say student housing, as well...
I have had four or five cases now where there was a ton of student loan debt, claimed it was non-consumer, and luckily, in each of the cases, my debtors were commuters - not one penny went to anything other than tuition and books. I always told the client there was a potential issue, and that while I think we can overcome it, be ready. However, NONE of those cases had a problem, and surprisingly, not even an utterance from the trustee, even though I was prepared with a bunch of cases to support my position.
Todd Mannis
>
> Under the FDCPA it is a Consumer Debt!
>
> Jonathan D. Leventhal, Esq.
> Leventhal Law Group, P.C.
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> F: 818-936-0302
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> Jonathan D. Leventhal, Esq.
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Link W. Schrader
> Sent: Saturday, May 19, 2012 1:41 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Student debt as non-consumer
>
>
> Not clear on what the proposition is. Are you looking for a cite to the proposition that student loan debt can be non-consumer debt in the 9th Circuit?
>
> Link Schrader, Attorney
> Law Office of Link W. Schrader
>
a@yahoogroups.com] On Behalf Of Giovanni Orantes
> Sent: Saturday, May 19, 2012 11:52 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Student debt as non-consumer
>
>
>
> Does anybody out there have a cite for this proposition in 9th circuit?
>
> --
> Giovanni Orantes, Esq.
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
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> website: www.gobklaw.com
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