.jpg)
Reply-To: tyson@tysonfirm.com
X-Original-Return-Path: tyson@tysonfirm.com
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
The post was migrated from Yahoo.
Dischargeability of military scholarship/education debt
Yes, it used to be 37 USC 303a but that has been replaced and I
cannot find (yet) the new section.
On 2/27/2019 11:39 AM, frank@ruggierlaw.com [cdcbaa] wrote:
>
>
> If I remember correctly, there is a nonbankruptcy provision that
> applies to the nondischargeabilty of these type military types of
> debt. I would start with 10 USC Sections 510 -511 and also 10 USC
> Section 2005, but there are other statutes as well dealing with
> discharge of debts to military.
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, February 27, 2019 11:24 AM
> *To:* 'Mark J. Markus' bklawr@yahoo.com [cdcbaa]
> *Subject:* Re: [cdcbaa] Dischargeability of military
> scholarship/education debt
>
> I think it falls under 523(a)(8)(A)(ii), an "obligation to repay
> funds received as an educational benefit . . . "
>
> - John D. Faucher
>
> On Wednesday, February 27, 2019, 11:07:05 AM PST, 'Mark J. Markus'
> bklawr@yahoo.com [cdcbaa] wrote:
>
> Esteemed colleagues:
>
> Potential debtor received an ROTC scholarship from the U.S. Navy.
> He failed to complete the program and as such now is being
> required to repay the cost of the university tuition.
>
> This is not a student loan, but it is an educational debt.
>
> I do not see any reason why it would not be dischargeable, unless
> it somehow falls under 523(a)(7).
>
> Anyone have experience with this type of debt or believe it would
> not be dischargeable?
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *_Mailing Address Only:_*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2699
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California
> Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written to be used, and cannot be used, for the
> purpose of (i) avoiding penalties under the Internal Revenue Code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
> alt
>
>
>
>
> Virus-free. www.avg.com
>
>
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2699
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
This email has been checked for viruses by AVG.
https://www.avg.com
The post was migrated from Yahoo.
If I remember correctly, there is a nonbankruptcy provision that applies to the nondischargeabilty of these type military types of debt. I would start with 10 USC Sections 510 -511 and also 10 USC Section 2005, but there are other statutes as well dealing with discharge of debts to military.
The post was migrated from Yahoo.
Ah yes, of course. I keep forgetting that subsection.
On 2/27/2019 11:23 AM, John Faucher j.d.faucher@sbcglobal.net
[cdcbaa] wrote:
>
>
> I think it falls under 523(a)(8)(A)(ii), an "obligation to repay
> funds received as an educational benefit . . . "
>
> - John D. Faucher
>
> On Wednesday, February 27, 2019, 11:07:05 AM PST, 'Mark J. Markus'
> bklawr@yahoo.com [cdcbaa] wrote:
>
>
> Esteemed colleagues:
>
> Potential debtor received an ROTC scholarship from the U.S. Navy.
> He failed to complete the program and as such now is being
> required to repay the cost of the university tuition.
>
> This is not a student loan, but it is an educational debt.
>
> I do not see any reason why it would not be dischargeable, unless
> it somehow falls under 523(a)(7).
>
> Anyone have experience with this type of debt or believe it would
> not be dischargeable?
>
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> _*Mailing Address Only:*_
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2699
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California
> Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information
> is intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of
> the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice
> contained in this communication (or in any attachment) is not
> intended or written to be used, and cannot be used, for the
> purpose of (i) avoiding penalties under the Internal Revenue Code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed in this communication.
>
> alt
>
> Virus-free. www.avg.com
>
>
>
>
>
>
>
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2699
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
This email has been checked for viruses by AVG.
https://www.avg.com
The post was migrated from Yahoo.
Esteemed colleagues:
Potential debtor received an ROTC scholarship from the U.S. Navy.
He failed to complete the program and as such now is being required
to repay the cost of the university tuition.
This is not a student loan, but it is an educational debt.
I do not see any reason why it would not be dischargeable, unless it
somehow falls under 523(a)(7).
Anyone have experience with this type of debt or believe it would
not be dischargeable?
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2699
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
This email has been checked for viruses by AVG.
https://www.avg.com
The post was migrated from Yahoo.