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San Diego: New Ruling Allows Student Loans to be Discharged in Chapter 13!

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    #16
    Originally posted by CH33 Paralegal View Post
    Speaking as someone who paid for their education and has no student loans, I perceive even the notion of being able to discharge this debt as being completely FLUCKED UP and I want my mother ****in money back.
    Ouch...LOL!
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

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      #17
      But....

      Originally posted by CH33 Paralegal View Post
      Speaking as someone who paid for their education and has no student loans, I perceive even the notion of being able to discharge this debt as being completely FLUCKED UP and I want my mother ****in money back.
      But what is the difference between my $100k in debt ($60k student loans & $40k in other unsecured's), versus someone else's $100k in unsecured debt only?

      Isn't $100k in default still $100k?

      If I used $60k of my debt for an education, while someone else used $60k for assorted (unsecured) stuff... what's the diff?
      7/24/2009: Filed Chapter 13, Pro-Se (Plan of 0.2% repayment on $157,500 unsecured debt)
      8/18/2009: 341 Meeting of Creditors
      9/28/2009: Confirmation Hearing #1 (Denied)
      10/26/2009: Confirmation Hearing #2

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        #18
        My thoughts as well. And take it one step further. What if 60k of my 100k unsecured debt was created by visiting my dying mother in Bora Bora? Is one's debt any different, or more justified, than another's. Does it really matter what it was used for?
        1/15/10 Filed ch7 2/18/10 314 meeting
        2/22/10 Report of No Distribution
        4/20/10 Discharged 5/20/10 Closed!

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          #19
          Originally posted by pcn View Post
          Does it really matter what it was used for?
          The courts have routinely believed so. Take a a look at the "special circumstances" clause in the 707(b) Dismissal paragraph. While not all inclusive, medical needs and military service seem to trump everything else from a policy standard and a... well... underlying moral standard.

          If I went to Vegas and got $100K in debt... I think that's much different than the person spending $100K on transplant surgery and recovery for their child. One is a choice, and the other is not a choice, or a choice amongst a limited number of choices.

          But that's me.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #20
            I agree, to a point. But not with the idea that student loan debt is somehow more "untouchable" ("undischargeable"??) than any other type of debt. That post seemed somewhat judgemental to me. I should have just said as much, rather than trying to make a comparison.
            1/15/10 Filed ch7 2/18/10 314 meeting
            2/22/10 Report of No Distribution
            4/20/10 Discharged 5/20/10 Closed!

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              #21
              I just want that debtor to brush up against me and rub some of that good luck off on me!

              Lucky Bastard!

              Green with envy!

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