By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...
Critical Case Comment – In re Zarnel, 2010 WL 3341428 (2d Cir. Aug. 26, 2010) (Livingston)
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In re Zarnel, 2010 WL 3341428 (2d Cir. Aug. 26, 2010) (Livingston)
A debtor that fails to obtain a pre-petition briefing nonetheless commences a bankruptcy case when a petition is filed and the automatic stay is invoked.
Summary of the Case
Several debtors filed bankruptcy petitions having failed to receive a pre-petition briefing prior to the filing of the petition. The bankruptcy court “struck” the petitions, noting that because the debtors had failed to receive . . .
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