In Re: LAURA T. REIS, Debtor., 2023 Bankr. LEXIS 1169

Summary

HOLDINGS: [1]-While the debtor was engaged in a commercial or business activity on the date of the filing of the bankruptcy petition, the student loan debt she incurred did not arise from commercial or business activities because the over ten year gap between incurring the debt and actually engaging in any sort of commercial or business activity as an owner was simply too great to find that the student loans arose from the debtor's commercial or business activities. Accordingly, the debtor was not an eligible Sub V debtor under 11 U.S.C.S. § 1182(1)(A); [2]-Because the debtor was not eligible for relief under Sub V, the debtor's proposed Subchapter V plan could not have been confirmed as it did not satisfy 11 U.S.C.S. § 1129(a)(1) and (2).