Legal Opinion

In Re Stewart

United States Bankruptcy Court, W.D. New York

Decided August 20, 1985No. 1-19-10411PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The subject Chapter 13 cases are cases in which confirmation has been reserved because of a problem arising out of the debt- or’s classification of unsecured debts. In each case, the debtor has made nondis-chargeable child support payments a separate class from the other unsecured debts. The question presented in both cases is such a classification permissible.

The facts are as follows. In the matter of Baker, the plan calls for the payment of $130 bi-weekly by wage order. There is a total indebtedness of $11,569. The plan calls for the…

2Cases cited5 opinions

  1. Matter of CurtisUnited States Bankruptcy Court, W.D. Missouri · 1979
  2. In Re BlevinsUnited States Bankruptcy Court, S.D. Ohio · 1979
  3. In Re TatumUnited States Bankruptcy Court, S.D. Ohio · 1979
  4. In Re McKenzieUnited States Bankruptcy Court, W.D. New York · 1980
  5. Matter of UtterUnited States Bankruptcy Court, W.D. New York · 1980

3Cited by19 opinions

  1. In Re StorbergUnited States Bankruptcy Court, D. Minnesota · 1988
  2. In Re DavidsonUnited States Bankruptcy Court, D. Colorado · 1987
  3. In Re FurlowUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. Mickelson v. Leser (In re Leser)Court of Appeals for the Eighth Circuit · 1991
  5. In Re FreshleyUnited States Bankruptcy Court, N.D. Georgia · 1987

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