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Casenotes: 2015 WDNY Bankruptcy Cases Archives

Unpaid Tuition Still Not a Student Loan - Judge Bucki

Section 523(a)(8) of the Bankruptcy Code states that student loans are not dischargeable in bankruptcy. In 2000, the Second Circuit Court of Appeals held that unpaid tuition does not constitute a student loan. In a recently released case, Bankruptcy Judge Carl L. Bucki of Buffalo ruled that changes in the bankruptcy code in 2005 did not alter the results of the earlier Second Circuit case.

Dismissed Chapter 13 Case Cannot Be Reinstated Absent Extraordinary Circumstances - Judge Warren (In re: Trine)

Once dismissed, a chapter 13 bankruptcy case cannot be reopened absent "extraordinary circumstances", says Rochester Bankruptcy Judge Paul R. Warren. And failure of the debtor and attorney to pay attention to warning letters and motions is, unfortunately, not what is ment by extraordinary.

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