[xxi] These figures are consistent with the Fecek opinion, since the Fecek court was willing to
partially discharge a debt where there was little to no chance the debtor would ever have the ability to repay.
Not exact matches
There are certain
debts you can fully
discharge in Chapter 7 or
partially discharge in Chapter 13.
The court noted that courts have the authority to
discharge student loan
debt only
partially, but remanded the case for a more thorough analysis of whether the 401 (k) contribution was «necessary.»
However, even though decisions like Fecek demonstrate that courts may be willing to allow a debtor (even one with a good salary) to at least
partially discharge his student loan
debt, they does not provide a windfall for the debtors because, like the debtor Fecek, the debtor will still have to make sacrifices to make large monthly payments towards the remaining student loan
debt.
Recently, the United States Bankruptcy Court for the Southern District of Indiana in In re Fecek, [i]
partially discharged a substantial portion a debtor's student loan
debt even though the debtor was working full time and earned an income that was above the state median.