By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II – BASICS OF PERFECTION OF SECURITY INTERESTS Introduction Current circumstances, with a pandemic and a recession, portend a wave of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. In this space, we have previously looked...
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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