DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
156009P.pdf 11/02/2015 Kevin Jordahl, Jr. v. Gregory Burrell
U.S. Court of Appeals Case No: 15-6009
U.S. Bankruptcy Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Schermer, Author, with Saladino and Nail, Bankruptcy Judges]
Bankruptcy Appellate Panel - Chapter 13. Requirements for compliance of
provisions of 11 U.S.C. sec. 1322(b) require that when a Chapter 13
Debtor's treatment of a creditor under one subsection of section 1322(b)
falls within the contours of another subsection of that statute, all
standards of both subsections must be satisfied. Maintaining regular
payments for unsecured non-priority student loan debt by the Debtors while
paying substantially less to other unsecured non-priority debt does not
comply with the requirements of sections 1322(b)(1) and (b)(10). Debtors'
election to treat their student loan debt separately was unfairly
discriminatory under section 1322(b)(1). The Debtors' proposed plan did
not provide for did not full payment of all allowed claims and thus the
proposed plan did not meet requirements of section 1322(b)(10). The
bankruptcy court's decision is affirmed.