Legal Opinion
In Re Webber
United States Bankruptcy Court, D. Arizona
Decided August 9, 2000No. 00-2817-PHX-RJHPublishedCited by 9 opinions
1Opinion of the Court
OPINION
RANDOLPH J. HAINES, Bankruptcy Judge.
May a chapter 13 plan provide that repayment of the debtor’s student loans would constitute an undue hardship, and consequently upon successful completion of all plan payments the debtor’s student loan debts will not be excepted from the discharge? This Court concludes such plan provisions are improper.
Factual Background
Debtor Kari Webber, filed a chapter 13 plan, through counsel, which provided in paragraph 3(j)(2)(A):
DISCHARGE OF STUDENT LOANS — Kari Webber can not maintain based on current income and expenses, a minimum standard of living if…
2Cases cited13 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
- In Re Ernest J. Pena Julie Pena, Debtors, United Student Aid Funds, Inc. v. Ernest J. Pena Julie PenaCourt of Appeals for the Ninth Circuit · 1998
- In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
- Educational Credit Management Corp. v. Repp (In Re Repp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- In Re LemonsUnited States Bankruptcy Court, W.D. Oklahoma · 2002
- Patton v. U.S. Dept. of Education (In Re Patton)United States Bankruptcy Court, E.D. Washington · 2001
- In Re BurguenoUnited States Bankruptcy Court, D. Arizona · 2011
4 more not listed; retrieve them via the Exa API.