The two cases below held that the Bankruptcy Code section exempting “student loans” from discharge in bankruptcy, does not apply to student loans issued from credit unions. The first case of TI Federal Credit Union vs. John Delbonis, involved a debtor who, in a four year period, obtained more than $43,000 from TI Federal Credit […]
Archive for February, 2010
06
Feb
2010
Chapter 13 Mortgage Arrearage
In this old Bankruptcy Code case, U.S. Supreme Court held that a Chapter 13 debtor must pay interest toward the arrearages owing on an oversecured residential mortgage. In this case, debtors’ Chapter 13 plan proposed to repay all future payments due on the mortgage note and cure the default on the mortgage by paying off the arrearage […]