- 11 U.S.C.
In re Pora
Oct
17
2006
Ruling
Plan confirmation denied due to discrimination between student loan creditor and other unsecured creditors.
Procedural posture
A bankruptcy debtor proposed a plan which provided a minimal dividend to unsecured creditors but treated student loan debt as long-term debt under 11 U.S.C. § 1322(b)(5), which received a substantially greater dividend. The trustee objected to confirmation of the plan on the ground that it discriminated between unsecured creditors in violation of section 1322(b)(1).
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Court
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