[DOWNLOAD] "Administrative Law and Procedure - Student Loan Discharges Under Chapter 13 Bankruptcy and Ripeness for Adjudication - Educational Credit Management Corp. V. Coleman (In re Coleman)" by Carolyn J. Wilson * eBook PDF Kindle ePub Free
eBook details
- Title: Administrative Law and Procedure - Student Loan Discharges Under Chapter 13 Bankruptcy and Ripeness for Adjudication - Educational Credit Management Corp. V. Coleman (In re Coleman)
- Author : Carolyn J. Wilson
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 130 KB
Description
In a volatile economy, people increasingly rely upon student loans to pay for higher education, and, accordingly, questions related to the discharge of those loans under Chapter 13 decisions become more pertinent. (1) Under current bankruptcy laws, student loans are not dischargeable under Chapter 13 unless the debtor can show that repayment would result in an undue hardship. (2) The Constitution requires that issues for adjudication in federal courts be "ripe," that is, there is an actual controversy between the two parties. (3) In Educational Credit Management Corp. v. Coleman (In re Coleman), (4) the United States Court of Appeals for the Ninth Circuit considered whether a court may make an undue hardship determination for student loan discharge under a Chapter 13 bankruptcy substantially in advance of payment plan completion. (5) The Ninth Circuit held that the undue hardship determination was ripe for adjudication prior to completion of the Chapter 13 payment plan because the facts of the case were sufficiently developed, or "fit," and the debtor would suffer a hardship if the case was not adjudicated. (6) On June 16, 2004, Coleman sought relief under Chapter 13 of the Bankruptcy Code, and the bankruptcy court subsequently approved a fiveyear repayment plan. (7) Less than one year after the plan was confirmed, Coleman sought an undue hardship determination for the more than $100,000 in student loans she owed. (8) She presented evidence that she had paid $1,000 on the debt, but believed she could not make further payments because she was unemployed. (9) Coleman struggled to find regular work after earning a bachelor's degree and completing part of a master's degree. (10) Despite working intermittently as a teacher, Coleman's sole source of income was unemployment benefits at the time she filed for discharge. (11)