Sallie Mae Servicing Corp. v. Ransom (In Re Ransom)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
This is another attempt to use a chapter 13 plan to effect a “discharge-by-declaration” of student loan debt by ambush.
In Great Lakes Higher Educ. Corp. v. Pardee (In re Pardee), 193 F.3d 1083 (9th Cir.1999), the Ninth Circuit, leaving open a due process question, held that interest accrues on student loans postpetition and that confirmed chapter 13 plans bind creditors in a manner that may operate to discharge student loans.
Later, the Ninth Circuit resolved the open due process issue, ruling that a “confirmed plan has no preclusive effect on issues that must be…
2Cases cited24 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Cohen v. De La CruzSupreme Court of the United States · 1998
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Bruning v. United StatesSupreme Court of the United States · 1964
- Tennessee Student Assistance Corporation v. HoodSupreme Court of the United States · 2004
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- In Re VictorioUnited States Bankruptcy Court, S.D. California · 2011
- Grandstaff v. Casey (In Re Casey)United States Bankruptcy Court, S.D. California · 2010
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