Substituting its judgment for that of the Bankruptcy Court, the court for the Eastern District of Virginia found that the debtor’s chapter 13 plan should not have been confirmed where it proposed to treat her student loan outside the plan. Gorman v. Birts (In re Birts), No. 12-427 (E.D. Va. August 1, 2012). Under her plan as proposed, the debtor would have maintained her monthly payments on her student loan outside the plan while paying 7% to unsecured creditors within the plan. Read More
Tag Archive: 1322(b)(1)
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Debtor May Not Discriminate in Favor of Student Loan Creditor
Posted by NCBRC - August 6th, 2012
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