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· 6/9/1998

In Re Mammel

Citations

  • 221 B.R. 238
  • 40 Collier Bankr. Cas. 2d 191
  • 1998 Bankr. LEXIS 703
  • 1998 WL 307870

How courts have described this case

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

  • noting that Eighth Circuit has not ruled on § 1327’s effect on an improvidently-confirmed plan
  • stating that § 1322(b)(2) allows for modification, but the dischargeability of student loan debts are governed by § 523(a)(8)
  • “[W]hether or not an objection is presently lodged in this case, the Court retains the authority to review this plan and deny confirmation if it fails to comply with the confirmation standards of the Code”
  • “Whether the Trustee has filed an objection or not, the court has the independent right and duty to review proposed Chapter 13 plans for compliance with the Code.’’
  • “[Wjhether or not an objection is presently lodged in this case, the Court retains the authority to review this plan and deny confirmation if it fails to comply with the confirmation standards of the Code.”
  • proposed student loan provision “renders superfluous those rules relating to adversary complaints”

Source: CourtListener parenthetical corpus (CC0).

Judges: Paul J. Kilburg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.