In re Birts, No. 11-15918-BFK, 2012 WL 631875 (Bankr. E.D. Va. Feb. 27, 2012) (Kenney)

Seven percent distribution to unsecured creditors, with maintenance of monthly payments on separately classified student loan debts, was not unfair discrimination when unsecured creditors would receive approximately 16% absent separate classification. Modifying test in Mickelson v. Leser (In re Leser), 939 F.2d 669 (8th Cir. Aug. 1, 1991) (Bowman, Heaney, Dunbauld), fourth Leser factor—whether degree of discrimination was directly related to basis for discrimination—was confusing and not helpful. Modified test included degree of difference between what creditors would receive and amount they would receive if separate classification were not allowed.

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