9th Circuit Says Student Loan Debtor Needn't Wait for 'Hardship' Ruling
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Summary
A Chapter 13 debtor could obtain an "undue hardship" determination relieving her of her student loan obligations substantially in advance of when she was scheduled to complete payments under her bankruptcy plan, the 9th Circuit has ruled in affirming judgment. The debtor sought a discharge of her student loan obligations just a year after a bankruptcy judge confirmed a five-year repayment plan.
Her lender sought to dismiss the discharge application on ripeness grounds, contending that the Bankruptcy Code does not permit an "undue hardship" determination substantially in advance of the debtor's completion of a repayment plan.See the full content of this document
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9th Circuit Says Student Loan Debtor Needn't Wait for 'Hardship' Ruling
But the court disagreed, explaining that the "undue ha...
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