Bentley v. Boyajian (In Re Bentley)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a plan to fully pay a student loan obligation while paying all other unsecured claims a dividend of 3% unfairly discriminated against the class of other unsecured creditors
• reasoning that nothing in the Bankruptcy Code mandates that nondisehargeable debts be paid in full, and that nondischargeability is not the same thing as priority
• finding that a denial of confirmation of a proposed Chapter 13 plan was not a final order where the debtor was free to propose an alternate plan
• reasoning that nothing in the Bankruptcy Code mandates that nondischargeable debt be paid in full, and that nondischargeability is not the same thing as priority
• rejecting that discrimination is acceptable to the “extent that it furthers an articulated, legitimate interest of the debtor,” as well as that emerging from bankruptcy debt-free is a legitimate interest
• denying plan that proposed to pay student loan in full and other unsecured creditors a 3.6% dividend

Source: CourtListener parenthetical corpus (CC0).