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§ 1328(a)

Colorado Judicial Department v. Sweeney (In re Sweeney)

Apr
21
2006
Ruling
Court reversed finding that restitution debt awarded in juvenile delinquency proceeding was nondischargeable since under state law the juvenile proceeding was not criminal in nature.
Procedural posture

Appellant debtors sought review of a decision of the Bankruptcy Court for the District of Colorado, which concluded that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 21, 2006 , LexisNexis #0506-065
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In re Walton

Apr
19
2006
Ruling
Court struck illegal plan provision that attempted to pay down student loan debt principal first then the remainder second and directed deb tor to submit a plan without such provision.
Procedural posture

Respondent creditor objected to the confirmation of petitioner debtor's chapter 13 plan on the ground that it contained an illegal plan provision seeking to discharge her student loans.

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opinion summary, case decided on April 19, 2006 , LexisNexis #0506-139
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Belton v. Educ. Credit Mgmt. Corp. (In re Belton)

Feb
14
2006
Ruling
Collection costs associated with a student loan debt previously deemed nondischargeable was also deemed nondischargeable.
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The court previously ruled that the debtor had failed to prove undue hardship. The only issue was whether the collection costs were also nondischargeable, even though the creditor chose not to claim these collection costs for purposes of a distribution in chapter 13.

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opinion summary, case decided on February 14, 2006 , LexisNexis #0306-100
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In re West

Oct
12
2005
Ruling
Debtor's pre-petition county property taxes were not dischargeable since the taxes were not listed in the debtor's chapter 13 plan.
Procedural posture

A secured creditor filed a motion to allow untimely filing of a proof of claim in a debtor's chapter 13 case, arguing that as it had not been listed on the debtor's schedules, it had not received timely notice of the bankruptcy filing.

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opinion summary, case decided on October 12, 2005 , LexisNexis #0106-034
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