Student Loans for a Professional Degree Weren’t Business Debts to Qualify for Sub V

March 6, 2025

Student Loans for a Professional Degree Weren’t Business Debts to Qualify for Sub V

The Ninth Circuit didn’t completely close the door to a finding in another case that student loans for a professional degree could be business debts making the debtor eligible for Subchapter V of chapter 11.

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Opinion Link

View Opinion

https://abi-opinions.s3.us-east-1.amazonaws.com/Reis+v+Garvin.pdf

Case Details

Case Citation

Reis v. Garvin (In re Reis), 24-4201 (9th Cir. Feb. 26, 2025).

Case Name

Reis v. Garvin (In re Reis)

Case Type

Business

Court

9th Circuit

Bankruptcy Tags

Business Reorganization

Small Business

Comments

Submitted by J. Tracy on March 6, 2025

The case and the oral argument was very fact driven. The underlying record did not favor the debtor. She had filed a Chapter 7 before and listed the debt as a consumer debt. If the timing between getting her degree and starting her own practice was much shorter, there may have been a different outcome. Ten years was just too long for the panel.