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From the Editor – Classification and Cure of Defaults
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By The Honorable William Houston Brown (Retired)
Separate classification of student loan debt denied. The debtors’ plan proposed to separately classify student loan debts, on which the debtors were current, paying the ongoing monthly payments directly, and the court discussed the split of authority on whether separate classification and payment under § 1322(b)(5) is subject to the unfair discrimination test of § 1322(b)(1), citing Prof. Susan Hauser, Separate Classification of Student Loan Debt in Chapter 13, 32 Am. Bankr. Inst. J. 38 (2013). The court agreed with the majority view that §§ 1322 . . .
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