Legal Opinion

In Re Sullivan

United States Bankruptcy Court, W.D. Texas

Decided March 20, 1996No. 19-50045PublishedCited by 30 opinions

1Opinion of the Court

DECISION ON CONFIRMATION OF DEBTORS’ PLAN

LEIF M. CLARK, Bankruptcy Judge.

This case involves the ability of debtors to separately classify student loans in their chapter 13 plans. The issue has bedeviled many courts for some years now, including this court. Despite the plethora of decisions already written in this area, the court is constrained to add to the literature, in order to advise trustees, debtors, and creditors of the position to be taken by this court in future cases.

Background

Gregory and Lisa Sullivan had incurred student loan liabilities. Gregory had debts arising from his student…

2Cases cited14 opinions

  1. Bruning v. United StatesSupreme Court of the United States · 1964
  2. In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
  3. In Re Joanne G. Burns, Debtor. Joanne G. Burns v. United States of America, Acting by and Through the Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1989
  4. Leeper v. Pennsylvania Higher Education Assistance AgencyCourt of Appeals for the Third Circuit · 1995
  5. In Re BennerUnited States Bankruptcy Court, D. Minnesota · 1993

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

3Cited by30 opinions

  1. In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
  2. Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. Bentley v. Boyajian (In Re Bentley)Bankruptcy Appellate Panel of the First Circuit · 2001
  4. In Re: Wayne K. Crawford, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2003
  5. In Re OrawskyUnited States Bankruptcy Court, E.D. Pennsylvania · 2008

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

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