- 11 U.S.C.
Haney v. Educational Credit Mgmt. Corp.
Nov
30
2011
Ruling
Student loan debts were not discharged where not specifically addressed in plan or in adversary proceeding.
Procedural posture
Chapter 13 creditor filed a complaint against defendant student loan creditor alleging that her student loan debt was discharged as a matter of law and seeking sanctions and attorneys fees for the creditor's violation of the discharge injunction pursuant to 11 U.S.C.S. § 524. The creditor moved to dismiss the complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
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