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
Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor
Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.
Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot
Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.
Judge Reverses Course and Allows Reclassification of Deficiency Claim
Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.