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Legal Opinion

In Re Winthurst

United States Bankruptcy Court, C.D. Illinois

Decided March 14, 1989No. 19-70275PublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

Debtors filed a Chapter 13 proceeding, and scheduled a student loan owed to the Illinois State Scholarship Commission (COMMISSION) as án unsecured debt. The COMMISSION objected to confirmation of the plan which proposes to pay unsecured creditors 1% over three years. The basis of the COMMISSION’S objection is twofold. First, the plan was not filed in good faith, in that the student loan is not dischargeable under Chapter 7 of the Bankruptcy Code yet the practical effect of the Debtors’ plan is to obtain a discharge through a minimum…

2Cases cited13 opinions

  1. In Re Ronald Estus and Doris Estus, Debtors. United States of America v. Ronald EstusCourt of Appeals for the Eighth Circuit · 1982
  2. In the Matter of Kenneth W. Smith, Debtor. Appeal of State of IndianaCourt of Appeals for the Seventh Circuit · 1988
  3. In Re LawsonUnited States Bankruptcy Court, N.D. Illinois · 1988
  4. In Re Winifred Doersam, Debtor. State of Ohio, Student Loan Commission v. Winifred Doersam and George W. LedfordCourt of Appeals for the Sixth Circuit · 1988
  5. In Re ToddUnited States Bankruptcy Court, N.D. Illinois · 1986

8 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re SaulterUnited States Bankruptcy Court, W.D. Missouri · 1991
  2. In Re BrownUnited States Bankruptcy Court, N.D. Illinois · 1993
  3. In Re AllardUnited States Bankruptcy Court, N.D. Illinois · 1996
  4. In Re ColferUnited States Bankruptcy Court, D. Maine · 1993
  5. In Re SiegUnited States Bankruptcy Court, D. North Dakota · 1990

1 more not listed; retrieve them via the Exa API.

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