Student loans try nondischargeable inside a chapter 13 personal bankruptcy

Student loans try nondischargeable inside a chapter 13 personal bankruptcy

The result regarding disallowance around § 502(b)(2) “would be to insure that financial institutions other than [brand new collector holding the new student loan] found the great amount of one’s estate

nine Find § 346.step one [ Student education loans ] § 158.dos College loans. Get a hold of, elizabeth.grams., Leeper v. Pennsylvania Higher Educ. Direction Department, 44 F.3d 98 (three dimensional Cir. 1995) (Applying Bruning v. All of us, 376 You.S. 358, 84 S. Ct. 906, eleven L. Ed. 2d 772 (1964), unmatured postpetition attract towards the a good nondischargeable student loan isn’t allowable and you will survives discharge inside the a part thirteen instance.); In the re also Hamilton, 179 B.R. 749 (Bankr. S.D. Ga. 1995) (Harmony out of education loan was nondischargeable on conclusion off payments significantly less than Part 13 package despite one Company away from Education were not successful to help you prompt document a proof of allege plus the debtor registered a proof of allege on the behalf of the Institution for the an enthusiastic count disputed of the Agencies.); Ridder v. High Lakes Higher Educ. Corp. (Inside the lso are Ridder), 171 B.R. 345, 346–47 (Bankr. W.D. Wis. 1994) (“Even though states for postpetition appeal try disallowed during the case of bankruptcy, just after bankruptcy proceeding the latest owner off a great nondischargeable loans will get assemble from the new debtor individually. Bruning v. Us, 376 U.S. 358, 84 S. Ct. 906, 11 L. Ed. 2d 772 (1964). . . . Once the financial obligation was not discharged, Higher Ponds could possibly get gather the postpetition notice out-of [the brand new debtor] directly. . . . That Great Lakes’ allege to possess postpetition desire will have been disallowed has nothing related to if or not postpetition attention are dischargeable.”); Into the lso are Shelbayah, 165 B.R. 332 (Bankr. Letter.D. Ga. 1994) (Unmatured postpetition focus on a student loan is not an allowable allege around § 502(b)(2), and such focus will continue to accrue inside Chapter thirteen case. ).

All unmatured postpetition focus will have an identical nondischargeable character because the root education loan lower than § 1328(a)

10 Get a hold of below contained in this point and watch §§ 155.dos [ Long-Identity Expense ] § 88.9 Enough time-Name Bills, 159.1 [ A proposition: Much easier Statutes for Class regarding Unsecured States ] § An offer: Easier Rules to own Classification out of Unsecured Says and you may 346.1 [ Student education loans ] § 158.2 College loans. Look for, e.grams., Inside lso are Williams, 253 B.Roentgen. 220, 232 (Bankr. W.D. Tenn. 2000) (“It courtroom will not establish Part 13 arrangements giving having the fresh percentage of great interest to education loan loan providers, however some other unsecured financial institutions.”); Inside the re Shelbayah, 165 B.R. 332, 337 (Bankr. Letter.D. Ga. 1994) (Unmatured postpetition interest for the a student-based loan is not allowable within the a chapter thirteen circumstances under § 502(b)(2), such desire continues to accrue during the Part 13 case, as well as the accruing focus comes with the same nondischargeable profile once the root student loan significantly less than § 1328(a). ”). Agreement Leeper v. Pennsylvania High Educ. Direction Agency, forty two F.3d 98 (3d Cir. 1995); Into the re also Hamilton, 179 B.Roentgen. 749 (Bankr. S.D. Ga. 1995); Ridder v. Higher Lakes Large Educ. Corp. (From inside the re Ridder), 171 B.Roentgen. 345 (Bankr. W.D. Wis. 1994).

eleven Inside the re also Boggan, 125 B.Roentgen. 533 (Bankr. Letter.D. Sick. 1991). Agreement For the re Gregg, 179 B.Roentgen. 828, 830 (Bankr. Age.D. Tex. 1995) (Borrower is on their own classify around three college loans having commission in full where almost every other unsecured allege people could well be repaid just .74%. “The college loans in this case are nondischargeable not as much as 11 U.S.C. § 523. Therefore, a special class for these says doesn’t unfairly discriminate facing additional unsecured creditors.”). Find in addition to Within the re Dillon-Bader, 131 B.Roentgen. 463 (Bankr. D. Kan. 1991) (Inside perspective of great-believe objection in order to verification, this is simply not poor getting a section 13 debtor to help you on their own categorize Fix financing to possess a hundred% payment if you are paying most other unsecured claim holders 10% as Heal loans need to be paid in complete pursuant in order to 42 U.S.C. § 294f(g).).