McDonald v. Sperna (In Re Sperna)

How courts have described this case

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

• noting that debtors often emerge from chapter 13 with continuing obligations on long term debt like mortgages
• applying the four part test adopted in In re Wolff, 22 B.R. 510 (9th Cir. BAP 1982
• acceleration of student loan payments at expense of the unsecured creditors would be in bad faith
• Panel treated notice of appeal as motion for leave to file interlocutory appeal and granted the motion
• nondischargeable nature of student loan debt not, by itself, reasonable basis for discrimination
• “Section 1322(b)(5) provides for the cure of -any default on a loan and the maintaining of payments if the last payment is due after the date on which the final payment under the plan is due.”

Source: CourtListener parenthetical corpus (CC0).