- 11 U.S.C.
Durr, In re
Sep
09
2024
Ruling
Debtor's plan did not unfairly discriminate against a designated class of creditors as payments to the IRS were being made by the debtor's non-filing spouse outside the plan with funds the debtor's unsecured creditors would not be entitled to receive. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured Claims.
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Court
:
- 11 U.S.C.
Bozeman, In re--Mortgage Corp. of the South v. Bozeman
Jan
10
2023
Ruling
Debtor's confirmed plan could not modify the rights of a mortgage lender whose claim wassecured by the debtor's principal residence by providing for release of the homesteadmortgagee's lien before the mortgagee had recovered the full amount owed. (11th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Floyd, In re
Oct
22
2021
Ruling
Creditor's claim secured by a boat, motor and trailer would be treated as an allowed unsecuredclaim as the estate did not have an interest in the collateral at the time of filing. (Bankr. N.D.Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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Court
:
- 11 U.S.C.
Bennett, In re
Feb
04
2020
Ruling
Separate classification of student loan claims and adoption of a permissible standard for fairdiscrimination in favor of student loan claims was unfairly discriminatory and prohibited.(Bankr. N.D.N.Y.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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Court
:
- 11 U.S.C.
Brown, In re
Nov
15
2019
Ruling
Co-signed consumer debts may be treated differently notwithstanding an unfairdiscrimination prohibition for separately classified unsecured debts. (Bankr. E.D. Ky.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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Court
:
- 11 U.S.C.
Kane, In re
Jun
18
2019
Ruling
Chapter 13 plan could not be confirmed as the debtor's proposed allocation of benefits andburdens to the detriment of one class of creditors was deemed as unfairly discriminatory.(Bankr. D. Kan.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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Court
:
- 11 U.S.C.
Chu, In re
Apr
10
2019
Ruling
Separate classification of debtor's gambling debt deemed as an unfair discrimination againstcasino creditor. (Bankr. E.D. Va.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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Court
:
- 11 U.S.C.
Quinn, In re
Jun
05
2018
Ruling
Debtor's chapter 13 plan could not be confirmed as it unfairly discriminated against unsecured creditors who received nothing under the plan. (Bankr. E.D. Mich.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured Claims.
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Court
:
- 11 U.S.C.
In re Engen
Dec
12
2016
Ruling
Plan to separately classify student loan claims for favorable payment permitted. (Bankr. D.Kan.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured Claims.
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Court
:
- 11 U.S.C.
Copeland v. Fink (In re Copeland)
Jan
31
2014
Ruling
Nondischargeability of tax debt alone did not justify special classification.
Issue(s)
Was confirmation of plan that separately classified nondischargeable tax debt properly denied as unfairly discriminating against remaining unsecured creditors?
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Court
:
Judge or Jurisdiction information not available