The result of disallowance not as much as § 502(b)(2) “should be to ensure one financial institutions other than [the newest creditor carrying brand new education loan] discovered the fair share of your own home
9 Look for § 346.step one [ Student loans ] § 158.2 Student loans. Come across, e.grams., Leeper v. Pennsylvania Highest Educ. Recommendations Agency, 44 F.three dimensional 98 (3d Cir. 1995) (Implementing Bruning v. United states, 376 You.S. 358, 84 S. Ct. 906, 11 L. Ed. 2d 772 (1964), unmatured postpetition interest into the an effective nondischargeable education loan isn’t allowable and you can endures discharge during the a part 13 instance.); In lso are Hamilton, 179 B.Roentgen. 749 (Bankr. S.D. Ga. 1995) (Equilibrium off education loan would be nondischargeable during the conclusion out-of payments below Chapter 13 bundle in spite of you to definitely Department out of Education were not successful in order to fast file a proof allege plus the borrower filed a proof claim for new Service inside an count debated because of the Department.); Ridder v. Great Lakes Large Educ. Corp. (During the lso are Ridder), 171 B.R. 345, 346–47 (Bankr. W.D. Wis. 1994) (“Even when states having postpetition attract is actually disallowed throughout bankruptcy proceeding, after case of bankruptcy brand new owner off good nondischargeable financial obligation could possibly get assemble away from this new borrower actually. Bruning v. You, 376 You.S. 358, 84 S. Ct. 906, 11 L. Ed. 2d 772 (1964). . . . Since obligations wasn’t discharged, Higher Lakes will get collect the brand new postpetition focus off [the new debtor] directly. . . . The truth that Higher Lakes’ claim having postpetition attract could have become disallowed doesn’t have anything related to whether postpetition notice is dischargeable.”); Within the lso are Shelbayah, 165 B.R. 332 (Bankr. N.D. Ga. 1994) (Unmatured postpetition attention towards a student loan is not an allowable claim significantly less than § 502(b)(2), and you may including attract will continue to accrue when you look at the Chapter 13 case. ).
The unmatured postpetition appeal gets a similar nondischargeable reputation due to the fact the root student loan less than § 1328(a)
ten Get a hold of lower than in this area to see §§ 155.dos [ Long-Label Expense ] § 88.9 Enough time-Name Debts, 159.step 1 [ A proposition: Simpler Rules for Class out-of Unsecured States ] § A proposition: Much easier Regulations to have Class of Unsecured Says and 346.1 [ Student education loans ] § 158.dos Student education loans. Find, e.grams., In lso are Williams, 253 B.R. 220, 232 (Bankr. W.D. Tenn. 2000) (“That it legal cannot prove Part thirteen arrangements giving to own the fresh new payment of great interest to student loan loan providers, however to payday loans Kansas City MO online other unsecured creditors.”); Into the lso are Shelbayah, 165 B.Roentgen. 332, 337 (Bankr. Letter.D. Ga. 1994) (Unmatured postpetition attract with the a student-based loan is not allowable for the a section thirteen circumstances not as much as § 502(b)(2), such as for example interest will continue to accrue in the Section 13 circumstances, additionally the accruing interest provides the exact same nondischargeable profile as the fundamental student loan less than § 1328(a). ”). Accord Leeper v. Pennsylvania Higher Educ. Direction Department, forty-two F.three-dimensional 98 (three dimensional Cir. 1995); Inside the re also Hamilton, 179 B.R. 749 (Bankr. S.D. Ga. 1995); Ridder v. High Lakes High Educ. Corp. (During the re also Ridder), 171 B.Roentgen. 345 (Bankr. W.D. Wis. 1994).
eleven In the lso are Boggan, 125 B.R. 533 (Bankr. N.D. Ill. 1991). Accord From inside the re also Gregg, 179 B.Roentgen. 828, 830 (Bankr. Age.D. Tex. 1995) (Borrower can by themselves categorize around three student education loans having commission in full in which other unsecured claim people might be paid off just .74%. “All the college loans in cases like this are nondischargeable not as much as 11 U.S.C. § 523. Thus, yet another classification for these says doesn’t unfairly discriminate against one other unsecured financial institutions.”). Select as well as Inside the re Dillon-Bader, 131 B.R. 463 (Bankr. D. Kan. 1991) (Into the perspective of good-trust objection so you can confirmation, this isn’t improper to possess a part 13 debtor so you can individually identify Restore fund to have one hundred% percentage while using other unsecured allege holders 10% since the Repair loans have to be paid-in complete pursuant to help you 42 You.S.C. § 294f(g).).