Legal Opinion

In re Foster

United States Bankruptcy Court, D. Rhode Island

Decided May 11, 2001No. 00-12935Published

1Opinion of the Court

DECISION AND ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on confirmation of an Amended Chapter 13 plan wherein the Debtors pro*689pose to separately classify a portion of Sovereign Bank New England’s unsecured claim, and to pay that creditor 100%, while other unsecured creditors receive approximately 2% of their claims. The Chapter 13 Trustee objects on the ground that the proposed classification unfairly discriminates in favor of Sovereign, in violation of 11 U.S.C. § 1322(b)(1).1

In discussing this same issue, we- have recently stated:

In determining whether such classifications discriminate…

2Cases cited4 opinions

  1. In Re BowlesUnited States Bankruptcy Court, E.D. Virginia · 1985
  2. In Re ColferUnited States Bankruptcy Court, D. Maine · 1993
  3. In Re WhitelockUnited States Bankruptcy Court, D. Utah · 1990
  4. In Re RegineUnited States Bankruptcy Court, D. Rhode Island · 1999

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