Legal Opinion
In re Curry
United States Bankruptcy Court, C.D. Illinois
Decided March 5, 2015No. Case No. 14-70979Published
1Opinion of the Court
OPINION
Mary P. Gorman, United States Chief Bankruptcy Judge
Before the Court is the Debtors’ First Amended Chapter 13 Plan. The Chapter *27713 Trustee objects to confirmation, in part, because the Debtors propose to treat a consolidated student loan subject to income-based repayment terms as an executory contract. The Trustee asserts that the student loan obligation is not executory in nature and cannot be assumed and separately treated. For the reasons set forth herein, the Trustee’s objection to confirmation of the Debtors’ First Amended Chapter 13 Plan will be sustained.
I. Factual and Procedural…
2Cases cited10 opinions
- In Re Streets & Beard Farm Partnership, Debtor. Loren and Doris Mitchell v. David Streets, Shari Streets, Fred Beard, and Reynolds M. Everett, TrusteeCourt of Appeals for the Seventh Circuit · 1989
- In Re MurtishiUnited States Bankruptcy Court, N.D. Illinois · 1985
- In the Matter of Chicago, Rock Island & Pacific Railroad Company, Debtor. Appeal of Bankers Trust Company v. William M. Gibbons, Trustee-AppelleeCourt of Appeals for the Seventh Circuit · 1979
- In the Matters of Thomas E. Crippin, Jr., Steven Bruce and Paula Bruce, Debtors. Appeals of Pie Nationwide, Inc., F/k/a Ryder/pie Nationwide, IncCourt of Appeals for the Seventh Circuit · 1989
- In Re EES Lambert AssociatesUnited States Bankruptcy Court, N.D. Illinois · 1986
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