Meyer v. Hill (In Re Hill)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The chapter 13 trustee appeals a plan confirmation in which the bankruptcy court excused the debtor from proving that a plan classification favoring her mother over other creditors did not discriminate unfairly. The court held in a published decision, In re Hill, 255 B.R. 579 (Bankr. N.D.Cal.2000), that the ban on unfair discrimination in 11 U.S.C. § 1322(b)(1) never, by virtue of the so-called “however” clause, applies to discrimination in favor of consumer debts with a co-obligor.
We do not reach this interesting question because the record indicates that the §…
2Cases cited16 opinions
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Zolg v. Kelly (In re Kelly)Court of Appeals for the Ninth Circuit · 1988
- Amfac Distribution Corp. v. Wolff (In Re Wolff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Matter of Baldwin-United Corp.United States Bankruptcy Court, S.D. Ohio · 1985
- In Re William Andrews Elana Andrews, Debtors. William Andrews Elana Andrews v. Lawrence J. Loheit, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1995
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Searles v. Riley (In Re Searles)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- In re: David C. Welsh and Sharon N. WelshUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re OrawskyUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
- Fadel v. DCB United LLC (In Re Fadel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- In Re PriggeUnited States Bankruptcy Court, D. Montana · 2010
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