IN RE RUSHTON

No. 85-01973.

58 B.R. 36 (1986)

In re Sue Ann RUSHTON, Debtor.

United States Bankruptcy Court, M.D. Alabama.

January 22, 1986.


Attorney(s) appearing for the Case

Teresa R. Jacobs, Montgomery, Ala., for petitioner, Alabama Com'n on Higher Educ.

Earl Gillian, Sr., Montgomery, Ala., for respondent/debtor.


OPINION ON OBJECTION TO CONFIRMATION

RODNEY R. STEELE, Bankruptcy Judge.

This objection to confirmation raises again the difficult question posed when a Chapter 13 debtor's plan offers to pay a government guaranteed education loan at a nominal rate as an unsecured debt. The Congress, while making clear its intent that in Chapter 7 proceedings the debt should survive discharge (11 U.S.C., § 523(a)(8)) except for staleness or hardship, made no provision...

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