In re Smith, 8 B.R. 543 (Bankr.D.Utah)
PUBLISHED
In a chapter 13 proceeding, student loan creditor objected to debtors' proposed plan, alleging that student loans were not dischargeable under chapter 13. The court disagreed, finding that Congress had specifically rejected non-dischargeability of such loans in chapter 13, in order to incentivize long-term efforts by debtors to repay their debts. The court also rejected creditor's argument that student loan debt is "long-term debt" under 11 U.S.C. § 1322(a)(5), concluding that treatment of debt as "long-term" is a benefit afforded to debtors rather than creditors. However, under the circumstances of the case, including a high percentage of total debt comprised by student loans and the relatively small payment proposed, the court concluded that debtors' proposed plan failed to meet the "good faith" standard under 11 U.S.C. § 1325(a)(3). The court rejected the reasoning of cases from other jurisdictions that questioned whether determinations of good faith should be predicated on debtors' treatment of debts that would be dischargeable under chapter 7, concluding that the existence of such debts is a relevant factor to consider.