Boone v. I.S.S.C. (In Re Boone)

215 B.R. 386, 39 Collier Bankr. Cas. 2d 24, 1997 Bankr. LEXIS 1918, 31 Bankr. Ct. Dec. (CRR) 1027, 1997 WL 751913
CourtUnited States Bankruptcy Court, S.D. Illinois
DecidedDecember 2, 1997
Docket19-30024
StatusPublished
Cited by4 cases

This text of 215 B.R. 386 (Boone v. I.S.S.C. (In Re Boone)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boone v. I.S.S.C. (In Re Boone), 215 B.R. 386, 39 Collier Bankr. Cas. 2d 24, 1997 Bankr. LEXIS 1918, 31 Bankr. Ct. Dec. (CRR) 1027, 1997 WL 751913 (Ill. 1997).

Opinion

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

At issue in this case is whether post-petition interest may accrue on a nondisehargeable student loan obligation during the pen-dency of a Chapter 13 bankruptcy.

The facts of this ease are not in dispute. On March 4,1991, the debtor filed for protection under Chapter 13 of the Bankruptcy Code. The Illinois Student Assistance Commission(now known as the I.S.S.C.) filed a claim in the amount of $4,434.82, which represented the unpaid principal balance of the debtor’s student loan plus pre-petition interest. Pursuant to the debtor’s first amended plan, which was confirmed on May 30, 1991, the I.S.S.C. was to be paid 100% of its filed and allowed claim.

On April 18,1996, the trustee filed his final report indicating that the debtor had completed her Chapter 13 plan and that the I.S.S.C. had received complete'payment of its allowed claim. A final decree was entered April 22,1996, granting the debtor her Chapter 13 discharge. After the discharge was entered, the I.S.S.C. began efforts to collect unmatured interest that had accrued on the student loan for the period of November 28, 1990, through March 4, 1996. The debtor then brought this action to enforce the discharge injunction. While the debtor concedes that the I.S.S.C. is entitled to pre-petition interest on its claim, she argues that pursuant to §§ 502(b)(2) and 1328(a) of the Bankruptcy Code, collection of unmatured or post-petition interest is prohibited.

DISCUSSION

As a general rule, a Chapter 13 debtor is entitled to receive a discharge of all debts *388 which were provided for in the plan of reorganization or which were disallowed under § 502 of the Code. 11 U.S.C. § 1328(a). This discharge operates as an injunction against any further collection of these debts as a personal liability of the debtor. 11 U.S.C. § 524(a)(2). 1 However, not all debts are subject to discharge. Among those excepted from discharge in a Chapter 13 ease are student loan obligations.

Section 523(a)(8) of the Code provides:

(a) A discharge under section ... 1328(b) of this title does not discharge an individual debtor from any debt—
(8) for an educational ... loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship, or stipend....

11 U.S.C. § 523(a)(8). The debtor maintains that under this section, only the principal student loan amount is nondischargeable in bankruptcy. Because § 523(a)(8) does not specifically address whether interest on such obligations is nondischargeable, the debtor argues that this issue is governed by 11 U.S.C. § 502(b)(2).

Section 502(b)(2) of the Bankruptcy Code prohibits creditors from claiming un-matured interest in a bankruptcy proceeding. It states, in pertinent part, that

if ... objection to a claim is made, the court ... shall determine the amount of such claim as of the date of the filing of the petition, and shall allow such claim ... in such amount, except to the extent that—
(2)such claim is for unmatured interest.

11 U.S.C. § 502(b)(2). The purpose of this long-standing rule is one of administrative convenience and fairness to all creditors. In re Leeper v. Pennsylvania Higher Ed. Assn., 49 F.3d 98, 101 (3d Cir.1995); In re Hanna, 872 F.2d 829, 830 (8th Cir.1989). It faeili-tates the calculation of claims and “assures that creditors at the bottom rungs of the priority ladder are not prejudiced by the delays inherent in liquidation and distribution of the estate.” Hanna, 872 F.2d at 830. This prohibition against filing a claim for post-petition interest even extends, in most instances, to cases where the underlying debt is nondischargeable. Leeper, 49 F.3d at 101.

A careful reading of § 502(b)(2), however, reveals that it only prohibits creditors from filing claims for unmatured interest against the bankruptcy estate. It does not address whether a creditor may recover such interest from the debtor personally after bankruptcy. Although the statute is silent on this point, the majority of courts considering the issue have held that accrued interest on a nondischargeable debt remains a personal obligation of the debtor once the bankruptcy case is concluded. The controlling case is Bruning v. United States, 376 U.S. 358, 84 S.Ct. 906, 11 L.Ed.2d 772 (1964). In Bruning, a taxpayer who had received a discharge in bankruptcy challenged the Internal Revenue Service’s attempt to collect post-petition interest on a nondischargeable tax obligation. The taxpayer argued that, traditionally, creditors are not entitled to claim post-petition interest from the bankruptcy estate. The Bruning court distinguished between denying claims for post-petition interest on nondischargeable debts against the bankruptcy estate and allowing the collection of accrued interest on such debts from the debtor personally following bankruptcy. Id. at 362-63, 84 S.Ct. at 908-09. The court noted that Congress, in making the underlying tax obligation nondis-chargeable, “clearly intended that personal liability for unpaid tax debts survive bankruptcy[,]” and found “no reason to believe that Congress had a different intention with regard to personal liability for the interest on such debts.” Id. at 361, 84 S.Ct. at 908.

Although Bruning was decided under the Bankruptcy Act prior to the enactment of *389 the Code, its reasoning has been consistently applied to cases arising under the Code. See In re Burns, 887 F.2d 1541, 1543 (11th Cir.1989); In re Hanna, 872 F.2d at 830-31; In re Paulson, 152 B.R. 46, 49-51 (Bankr.W.D.Pa.1992). Courts in these eases recognize the admonition that when Congress amends the bankruptcy laws, it does not write on a clean slate, and Code provisions should not be interpreted to effect a major change in pre-Code practice without a clear indication that Congress intended to do so. See In re 203 LaSalle Street Partnership,

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215 B.R. 386, 39 Collier Bankr. Cas. 2d 24, 1997 Bankr. LEXIS 1918, 31 Bankr. Ct. Dec. (CRR) 1027, 1997 WL 751913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-issc-in-re-boone-ilsb-1997.