Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
Courts are split on whether all educational loans are nondischargeable as an educational benefit.
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.
Ability to pay is one factor in imposing sanctions for misconduct.
Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?