In Re Evans

MEMORANDUM OPINION AND ORDER SUSTAINING OBJECTION TO CONFIRMATION

ROBERT A. MARK, Bankruptcy Judge.

The original plan filed by the Debtors in this Chapter 13 case provided for the hardship discharge of their student loans under § 523(a)(8) of the Bankruptcy Code. The Chapter 13 Trustee objected to the plan arguing that the Debtors could not obtain a hardship discharge under a Chapter 13 plan without prosecuting a separate adversary proceeding under § 523(a)(8). After consideration of the arguments of counsel and upon review of applicable case law, the Court entered a bench ruling sustaining the…