In re Kubeczko
Jul
06
2012
Ruling
Debtor's student loan debt, incurred for child, could not be treated as long term debt due to unfair discrimination against general unsecured creditors.
Procedural posture
Debtor filed a proposed chapter 13 plan. The chapter 13 Trustee objected to confirmation of the plan because the debtor treated his education loan debt as a long-term debt under 11 U.S.C.S. § 1325(b)(5), such treatment unfairly discriminated against other creditors in violation of 11 U.S.C.S. § 1325(b)(1).
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Court
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