Should Chapter 13 Plans Discharge Student Loans
The Tenth Circuit Bankruptcy Appellate Panel's (BAP) recent decision in In re Mersmann, 318 B.R. 537 (10th BAP 2004), underscores the continuing tension between chapter 13 plan provisions discharging student loans, and implies that such discharge provisions are contrary
Post-Closing Demands for Mortgage-Related Fees Assessed During a Chapter 13 Plan Part I Does the Court Have Jurisdiction
Saving a principal residence from foreclosure and curing a mortgage arrearage are key reasons why many debtors file for chapter 13. While paying a home mortgage arrearage through a chapter 13 plan can cure that pre-petition arrearage, a home mortgage creditor may assess
Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation
First Circuit requires attempt to collect to prove a discharge injunction violation.