Legal Opinion

McDonald v. Sperna (In Re Sperna)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 25, 1994No. BAP Nos. AZ-93-1971-MeAsR, AZ-93-1972-MeAsR. Bankruptcy Nos. B-93-00897-PHX-RGM, B-93-02173-PHX-RGMPublishedCited by 49 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

The Debtors in these two appeals filed Chapter 13 plans which separately classified nondischargeable student loans. In both cases, the plans provided for 100% payment on the student loans, with much smaller percentages on the remaining unsecured claims. The trustee objected to both plans on the ground that the classification, and different treatment, constituted unfair discrimination. The bankruptcy court, relying on the test set forth in In re Wolff, 22 B.R. 510 (9th Cir. BAP 1982), overruled the objections and directed that an order confirming the plans be…

2Cases cited24 opinions

  1. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  2. Amfac Distribution Corp. v. Wolff (In Re Wolff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  3. In Re Robert John Price, Debtor. Roy E. Lompa v. Robert John PriceCourt of Appeals for the Ninth Circuit · 1989
  4. Fidelity & Casualty Co. of New York v. Warren (In Re Warren)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. In Re Dorothy Thelma Alexander, Debtor. Ronald R. Benevides and Karole L. Benevides v. Dorothy Thelma AlexanderCourt of Appeals for the Ninth Circuit · 1982

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3Cited by49 opinions

  1. Kashani v. Fulton (In Re Kashani)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. Nicholes v. Johnny Appleseed of Washington (In Re Nicholes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Bentley v. Boyajian (In Re Bentley)Bankruptcy Appellate Panel of the First Circuit · 2001
  4. Meyer v. Hill (In Re Hill)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  5. Key Bar Investments, Inc. v. Cahn (In Re Cahn)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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

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