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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