Tuesday, December 22, 2009

Tuesday, December 1, 2009

High Court to hear Bankruptcy Student Loan Case

The U.S. Supreme Court has granted certiorari for a bankruptcy case involving student loan repayment. The debtor's Chapter 13 plan was confirmed by the trustee. The plan called for non-payment of the student loan interest during the plan. The debtor then completed the payment plan and received his discharged.

Eleven years later the student loan company comes out of the woodwork claiming the plan was void and illegal and they're now due the interest from the debtor.

If the law allowed no finality in cases and one side could appeal long after the fact, our legal system would derail. The Supreme Court will decide this one and we'll be posting updates.