Legal Opinion

Labib-Kiyarash v. McDonald (In Re Labib-Kiyarash)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 4, 2001No. BAP No. NW-01-1069-RyMaP. Bankruptcy No. 00-10434 RCJPublishedCited by 17 opinions

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

  1. Amfac Distribution Corp. v. Wolff (In Re Wolff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  2. Bentley v. Boyajian (In Re Bentley)Bankruptcy Appellate Panel of the First Circuit · 2001
  3. United States of America, Plaintiff-Appellee-Cross-Appellant v. Trident Seafoods Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  4. McDonald v. Sperna (In Re Sperna)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. Branam v. Crowder (In Re Branam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998

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3Cited by17 opinions

  1. In Re SimmonsUnited States Bankruptcy Court, N.D. Texas · 2003
  2. Foster v. Double R Ranch Ass'n (In Re Foster)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. In Re SharpUnited States Bankruptcy Court, D. Colorado · 2009
  4. In Re HardingUnited States Bankruptcy Court, S.D. Florida. · 2010
  5. In re EngenUnited States Bankruptcy Court, D. Kansas · 2016

12 more not listed; retrieve them via the Exa API.

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