The end result off disallowance lower than § 502(b)(2) “should be to ensure you to definitely loan providers besides [new collector holding the fresh education loan] located its great amount of the property

nine See § 346.step 1 [ College loans ] § 158.dos Student education loans. Discover, e.g., Leeper v. Pennsylvania Highest Educ. Guidance Institution, 49 F.three-dimensional 98 (3d Cir. 1995) (Using Bruning v. United states, 376 You.S. 358, 84 S. Ct. 906, eleven L. Ed. 2d 772 (1964), unmatured postpetition desire on good nondischargeable education loan isn’t allowable and you will endures discharge inside a chapter thirteen case.); Into the re also Hamilton, 179 B.R. 749 (Bankr. S.D. Ga. 1995) (Balance regarding education loan might possibly be nondischargeable at the conclusion off costs lower than Chapter 13 bundle notwithstanding that Service off Knowledge unsuccessful so you can fast file an evidence of claim in addition to debtor submitted an evidence of claim with respect to the fresh Agencies when you look at the a keen matter debated by Department.); Ridder v. Higher Lakes Highest Educ. Corp. (Inside the re Ridder), 171 B.Roentgen. 345, 346–47 (Bankr. W.D. Wis. 1994) (“No matter if claims getting postpetition notice are disallowed during personal bankruptcy, after bankruptcy proceeding this new holder out of an excellent nondischargeable obligations may gather off brand new debtor directly. Bruning v. You, 376 U.S. 358, 84 S. Ct. 906, eleven L. Ed. 2d 772 (1964). . . . Since the personal debt wasn’t released, High Lakes may gather the newest postpetition focus out-of [brand new debtor] personally. . . . The point that Great Lakes’ claim getting postpetition attention would have already been disallowed has nothing regarding whether postpetition appeal are dischargeable.”); Within the lso are Shelbayah, 165 B.Roentgen. 332 (Bankr. Letter.D. Ga. 1994) (Unmatured postpetition notice into an educatonal loan is not a permitted claim below § 502(b)(2), and you can for example interest continues to accrue inside the Section thirteen instance. ).

All the unmatured postpetition notice can get a similar nondischargeable reputation just like the the root education loan lower than § 1328(a)

10 Look for less than contained in this section and discover §§ 155.2 [ Long-Name Expenses ] § 88.nine Long-Term Expenses, 159.step 1 [ A proposition: Convenient Legislation having Classification out of Unsecured Says ] § A proposal: Convenient Laws getting Classification regarding Unsecured Claims and you may 346.1 [ Figuratively speaking ] § 158.dos Student loans. See, e.grams., Within the re Williams, 253 B.R. 220, 232 (Bankr. W.D. Tenn. 2000) (“This court will not confirm Part 13 arrangements that provides getting the commission interesting so you can student loan financial institutions, not to many other unsecured creditors.”); During the re also Shelbayah, 165 B.Roentgen. 332, 337 (Bankr. Letter.D. Ga. 1994) (Unmatured postpetition interest towards an educatonal loan is not deductible inside the a part thirteen situation around § 502(b)(2), such as for example appeal continues to accrue from inside the Section 13 case, and the accruing attract comes with the exact same nondischargeable reputation because hidden education loan significantly less than § 1328(a). ”). Accord Leeper v. Pennsylvania Large Educ. Recommendations Agencies, 44 F.3d 98 (3d Cir. 1995); Inside re also Hamilton, 179 B.R. 749 (Bankr. S.D. Ga. 1995); Ridder v. High Ponds Large Educ. Corp. (When you look at the lso are Ridder), 171 B.R. 345 (Bankr. W.D. Wis. 1994).

eleven For the lso are Boggan, 125 B.Roentgen. 533 (Bankr. N.D. Unwell. 1991). Accord Inside lso are Gregg, 179 B.R. 828, 830 (Bankr. Elizabeth.D. Tex. 1995) (Debtor can be by themselves classify around three student education loans to possess payment in full in which almost every other unsecured allege proprietors would be paid simply .74%. “The college loans in this instance try nondischargeable around 11 You.S.C. § 523. For this reason, yet another group for those claims will not unfairly discriminate facing one other unsecured loan providers.”). See also When you look at the lso are Dillon-Bader, 131 B.R. 463 (Bankr. D. Kan. 1991) (Within the framework of great-trust objection so you can confirmation, this is not incorrect to possess a section thirteen debtor so you can alone categorize Fix funds to own a hundred% payment if you are spending other unsecured allege people ten% just like the Restore money have to be paid in full pursuant in order to 42 You.S.C. § 294f(g).).