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Legal Opinion

In Re Delauder

United States Bankruptcy Court, E.D. Virginia

Decided November 28, 1995No. 15-34057PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

A hearing was held on October 10,1995, on the trustee’s objection to confirmation of the debtor’s chapter 13 plan. The issue is whether the debtor may directly pay an un-dersecured automobile loan in full outside the plan when unsecured creditors are being compromised at 25%. The trustee objects that such disparate treatment violates § 1322(b)(1), Bankruptcy Code, by discriminating unfairly between claims. Not surprisingly, the creditor in question, Hyundai Motor Finance Company, does not object to this separate classification. 1 No…

2Cases cited19 opinions

  1. In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
  2. Matter of CurtisUnited States Bankruptcy Court, W.D. Missouri · 1979
  3. In Re BowlesUnited States Bankruptcy Court, E.D. Virginia · 1985
  4. Mickelson v. Leser (In re Leser)Court of Appeals for the Eighth Circuit · 1991
  5. In Re BlevinsUnited States Bankruptcy Court, S.D. Ohio · 1979

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3Cited by9 opinions

  1. In Re PerezUnited States Bankruptcy Court, S.D. Texas · 2006
  2. In Re KolbeUnited States Bankruptcy Court, D. Maryland · 1996
  3. In Re FordUnited States Bankruptcy Court, W.D. Tennessee · 1998
  4. Bryant v. Tidewater Finance Co. (In Re Bryant)United States Bankruptcy Court, C.D. Illinois · 2010
  5. Cash in a Flash v. BrownDistrict Court, W.D. Tennessee · 1999

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

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