From the Editor’s Desk - Classification • NACTT Academy

From the Editor’s Desk – Classification

By The Honorable William Houston Brown (Retired)

Separate classification of student loan debt did not unfairly discriminate. Debtors’ plan proposed to maintain monthly payments on student loan debt, outside the plan, and pay -0- dividend to other unsecured creditors, and this effectively was a separate classification of the student loan debt. The court found the test for unfair discrimination in In re Bentley, 266 B.R. 229 (BAP 1st Cir. 2001), to more accurately reflect the statutory scheme than the more commonly cited test found in In re Leser, 939 F.3d . . .

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From the Editor

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 debtors not required to seek approval to employ special counsel. The Chapter 13 debtors moved to employ special counsel for representation in state-court litigation, but § 327(e) did not apply to Chapter 13 debtors when no request was being made to pay the special counsel from...

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From the Editor – Confirmation

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Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 2 of 3

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