Свежие комментарии

    Май 2025
    Пн Вт Ср Чт Пт Сб Вс
    « Июн    
     1234
    567891011
    12131415161718
    19202122232425
    262728293031  

    Рубрики

    Посещаемость

    Сторонняя реклама

    Это тест.This is an annoucement of Mainlink.ru
    Это тестовая ссылка. Mainlink.ru

    Статьи

    Category are payday loans safe

    These types of courts evaluate whether your informative benefit under consideration lacks the «conventional qualities out of ‘educational loans

    16.02.2023 are payday loans safe  No comments

    Most other conditions away from § 523(a)(8) admit that not all monies provided to students you to sooner or later pay for a knowledge is actually «informative finance

    26. » For example, § 523(a)(8)(A)(i) excepts loans by non-profits and the government only when they are made for an «educational benefit.» Similarly, § 523(a)(8)(A)(ii) emphasizes that only those obligations to repay educational benefits, scholarships, or stipends are nondischargeable. Fantastic, 596 B.R. at 269-270. Courts interpreting § 523(a)(8)(A)(ii) contemplate the difference between a standard consumer loan, traditional student loans, and other monies that bestow an educational benefit. Homaidan v. SLM Corp. (Within the re also Homaidan), 596 B.R. 86, 102 (Bankr. E.D.N.Y. 2019) (explaining that § 523(a)(8)(A)(ii), «both by its terms and read in context, does not sweep in all education-related debt, or all loans that support a student’s efforts to gain the benefits of an education»); Golden, 596 B.R. at 265 («[Section 523(a)(8)(A)(ii)] does not include all debt that confers the benefits of an education on the borrower.»). ‘ » Golden, 596 B.R. at 268.

    As well, the brand new Oral Loan and you will Promissory Mention generated zero regard to Debtor’s beginner position or even the proven fact that it handled loans made use of on an education

    27. Homaidan warns against extending nondischargeability to loans that lack these traditional characteristics. Homaidan, 596 B.R. at 102 («It is hard to see where [this argument] would end-conceivably, it would encompass credit card debt that was incurred to purchase textbooks, personal loans that were used to pay for tuition and school fees, and any other debt that, in one way or another, facilitated a student’s efforts to gain the ‘benefits’ of an education.»). Homaidan says «that is not what Section 523(a)(8)(A)(ii) encompasses, or what the Bankruptcy Code permits, or what Congress intended.» Id.

    28...

    Read More