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§ 1322

In re Mulkey

Ruling
Debtors were denied confirmation of their chapter 13 plan where the plan unnecessarily favored education loan creditors over other unsecured creditors.
Procedural posture

After filing for chapter 13 bankruptcy protection, the debtors proposed a plan that provided for disparate treatment of unsecured creditors, namely the debtors proposed paying a higher amount on educational loans than on the debts owed to other unsecured creditors. The chapter 13 trustee objected to the confirmation of the debtors' plan under 11 U.S.C. § 1322, alleging that it discriminated unfairly against general unsecured claims.

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opinion summary, case decided on September 28, 2005 , LexisNexis #0106-069