In Re Sharp
United States Bankruptcy Court, D. Colorado
1Opinion of the Court
ORDER
ELIZABETH E. BROWN, Bankruptcy Judge.
In each of these cases, the standing Chapter 13 trustee (the “Trustee”) objects to plan confirmation on the grounds the proposed treatment of the student loan creditors unfairly discriminates among unsecured creditors in violation of 11 U.S.C. § 1322(b)(1). These plans propose to pay the student loan creditor both outside the plan and pro rata as a “class four” unsecured creditor. For the reasons set forth below, the Court concludes that, under the unique circumstances of these cases, the Debtors’ plans do not unfairly discriminate and the Trustee’s…
2Cases cited25 opinions
- Amfac Distribution Corp. v. Wolff (In Re Wolff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- In Re BarrUnited States Bankruptcy Court, M.D. North Carolina · 2006
- Hamilton v. Lanning (In Re Lanning)Court of Appeals for the Tenth Circuit · 2008
- Bentley v. Boyajian (In Re Bentley)Bankruptcy Appellate Panel of the First Circuit · 2001
- McCullough v. Brown (In Re Brown)District Court, N.D. Illinois · 1993
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3Cited by15 opinions
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- In Re AbaunzaUnited States Bankruptcy Court, S.D. Florida. · 2011
- In re TowlerUnited States Bankruptcy Court, D. Colorado · 2013
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