Question

Winifred Doersam was the borrower on three student loans made to her by First Federal Savings and Loan and guaranteed by the state of Ohio Student Loan Commission (OSLC) totaling $10,000 to finance her graduate education at the University of Dayton. Doersam also signed as the cosigner for a $5,000 student loan for her daughter, also made by First Federal and guaranteed by OSLC. With the use of the loans, she was able to obtain a position as a systems analyst with NCR Corporation, which required her to obtain a master's degree in order to retain her position at an annual salary of $24,000. Approximately six weeks before her graduation, and before the first payment on her student loans was due, Doersam filed a petition and plan under Chapter 13. In her plan, she proposed to pay $375 a month to her unsecured creditors over a 36-month period. Doersam's total unsecured debt was $18,418, 81 percent of which was comprised of the outstanding student loans. Her schedules provided for payment of rent of $300 per month and food of $400 per month.
Her listed dependents included her 23-year-old daughter and her 1-year-old granddaughter. At the time, her daughter was employed in the Ohio Work Program, a program designed to help welfare recipients, for which she was paid a small salary. The OLSC objected to the plan proposed by Doersam on the grounds that it was filed in bad faith. Should the bankruptcy court refuse to confirm the plan on the grounds it was not filed in good faith?



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  • CreatedJuly 16, 2014
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