Legal Opinion
In re Pracht
United States Bankruptcy Court, M.D. Georgia
Decided January 10, 2012No. 11-30594 JPSPublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES P. SMITH, Bankruptcy Judge.
This case presents the question of whether a Chapter 13 plan can be confirmed over the Chapter 13 trustee’s objection where the plan separately classifies a non-dischargeable student loan debt and proposes to pay that debt more than the other general unsecured creditors. As applicable to the issues raised, the debtor and trustee have stipulated to the following facts:
1. The debtor is a divorced school teacher with no dependents.
2. For purposes of 11 U.S.C. § 1325(b)(4), the debtor is an over-median income debtor with a negotiated applicable…
2Cases cited19 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Smith v. United StatesSupreme Court of the United States · 1993
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Amfac Distribution Corp. v. Wolff (In Re Wolff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Bentley v. Boyajian (In Re Bentley)Bankruptcy Appellate Panel of the First Circuit · 2001
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re EngenUnited States Bankruptcy Court, D. Kansas · 2016
- In re BrownUnited States Bankruptcy Court, S.D. Georgia · 2013
- Carrión v. Rivera (Rivera)Bankruptcy Appellate Panel of the First Circuit · 2013
- In re JordahlUnited States Bankruptcy Court, D. Minnesota · 2014
- Amanda L. PiersmaUnited States Bankruptcy Court, N.D. New York · 2020
6 more not listed; retrieve them via the Exa API.