By The Honorable William Houston Brown (Retired)
Nondischargeable student loan was not “special circumstance” for means test, but separate classification not unfair discrimination. Discussing the split of authority, the court concluded that solely because a student loan debt was nondischargeable does not make it a “special circumstance” for purposes of the means test deduction. Moreover, § 1322(b)(5)’s cure and maintain provision does not permit the debtor to pay a long-term student loan debt directly if it would unfairly discriminate against other unsecured creditors (again citing a split of authority); however, applying the traditional . . .
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