Discharge in BankruptcyLike many students, Barbara Hann financed her education partially through loans. These loans included three federally insured Stafford Loans of $7,500 each ($22,500 in total). Hann believed that she had repaid the loans, but later, when she filed a Chapter 13 petition, Educational Credit Management Corp. (ECMC) filed an unsecured proof of claim based on the loans. Hann objected. At a hearing at which ECMC failed to appear, Hann submitted correspondence from the lender that indicated the loans had been paid. The court entered an order sustaining Hann’s objection. Despite the order, can ECMC resume its effort to collect on Hann’s loans?1. The alleged creditor in this case is2. The alleged debtor in this case is3. A Chapter 13 bankruptcy filing is for.4. To be entitled to receive payments from the debtor’s estate, a creditor must file a.5. In this case, ECMC filed a(n)proof of claim.6. Student loans generallydischargeable in bankruptcy.7. Hann submitted an objection to ECMC’s proof of claim and included evidence that the company had told her the loansbeen paid.8. The court entered an orderHann’s claim andECMC’s claim.9. Based on the court’s order, ECMCresume its effort to collect on Hann’s loans.

1. The alleged creditor in this case is Educational Credit Management Corp (ECMC).

2. The alleged debtor in this case is Barbara Hann.  

3. A Chapter 13 bankruptcy filing is for adjustment of debts to keep property and pay debts overtime.  

.4. To be entitled to receive payments from the debtor’s estate, a creditor must file a proof of claim.

.5. In this case, ECMC filed a(n) unsecured proof of claim

.6. Student loans generally dischargeable in bankruptcy. – False, one cannot discharge a student loan, unless one demonstrates that it would be an undue hardship for you to pay them, for example using the Brunner Test.  

7. Hann submitted an objection to ECMC’s proof of claim and included evidence that the company had told her the loans been paid. – True.

8. The court entered an order Hann’s claim and ECMC’s claim. False, the court entered an order sustaining Hann’s objection only.  

9. Based on the court’s order, ECMC resumes its effort to collect on Hann’s loans. – No, ECMC has no reason to resume since Hann has proven that he paid back the loans.

Answer & Explanation:

(1)The alleged creditor in this case is

Educational Credit Management Corp, ECMC

(2) The alleged debtor in this case is

Barbara Hann

(3) A Chapter 13 bankruptcy filing is for

adjustment her debt

(4)To be entitled to receive payments from the debtor’s estate, a creditor must file a proof of claim

(5)  In this case, ECMC filed an unsecured proof of claim

(6) Students loans generally are not dischargeable in bankruptcy

(7)  Hann submitted an objection to ECMC’s proof of claim and included evidence that the company had told her the loans been paid

(8)  The court entered an order sustaining Hann’s claim and denying ECMC’s claim

(9) Based on the court’s order, ECMC cannot resume its effort to collect on Hann’s loans.

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