Labib-Kiyarash v. McDonald (In Re Labib-Kiyarash)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RYAN, Bankruptcy Judge.
After Farid Labib-Kiyarash (“Debtor”) filed a chapter 13 1 petition, Kathleen A. McDonald, the chapter 13 trustee (“Trustee”), objected (the “Objection”) to Debtor’s chapter 13 plan (the “Plan”). In the Objection, Trustee asserted that the Plan, which proposed under § 1322(b)(5) to maintain student loan payments outside the Plan according to the contract terms, unfairly discriminated in violation of § 1322(b)(1) against the other general unsecured creditors (the “Other Creditors”). After a hearing, the bankruptcy court sustained the Objection and entered an order…
2Cases cited11 opinions
- 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
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Trident Seafoods Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1996
- McDonald v. Sperna (In Re Sperna)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Branam v. Crowder (In Re Branam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
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- In Re HardingUnited States Bankruptcy Court, S.D. Florida. · 2010
- In re EngenUnited States Bankruptcy Court, D. Kansas · 2016
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