33 Cited authorities

United Student Aid Funds v. Espinosa
559 U.S. 260 (2010) Cited 1,843 times 5 Legal Analyses
Holding that rule 60(b) applies "in the rare instance where a judgment is premised . . . on a violation of due process that deprives a party of notice or the opportunity to be heard"
In re Leser
939 F.2d 669 (8th Cir. 1991) Cited 120 times
Holding that child support claims can be separately classified if the debtor cannot carry out a plan without the separate classification
In re Wolff
22 B.R. 510 (B.A.P. 9th Cir. 1982) Cited 150 times
Providing a four-part test for determining whether discrimination among classes of claims violates § 1322(b)
In re Bentley
266 B.R. 229 (B.A.P. 1st Cir. 2001) Cited 82 times
Holding that order denying confirmation of plan "became final when, upon being notified that the Debtors did not intend to seek confirmation of an alternate plan, the court dismissed their case"
In re Crawford
324 F.3d 539 (7th Cir. 2003) Cited 49 times
Determining the legitimacy of proposed classifications of claims in the Chapter 13 context
In re Alexander
363 B.R. 917 (B.A.P. 10th Cir. 2007) Cited 42 times
Holding that a Chapter 13 debtor bears the burden of proving his good faith under 11 U.S.C. § 1325
McCullough v. Brown
162 B.R. 506 (N.D. Ill. 1993) Cited 59 times
Reversing bankruptcy court and concluding that plan providing for student loan to be paid in full but only paying ten to twenty percent of other general unsecured claims was unfair discrimination
In re Simmons
288 B.R. 737 (Bankr. N.D. Tex. 2003) Cited 35 times
Holding modified by In re King, 460 B.R. 708, 710-11 (Bankr. N.D. Tex. 2011)
In re Lawson
93 B.R. 979 (Bankr. N.D. Ill. 1988) Cited 53 times
Holding that court has independent obligation to consider whether debtor has satisfied requirements for confirmation, even in the absence of objections
In re Williams
253 B.R. 220 (Bankr. W.D. Tenn. 2000) Cited 34 times
Applying Leser/Wolff test on a sua sponte motion to deny confirmation of a plan that would pay student loans in full with only a 15-25% dividend to other unsecured creditors
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,403 times 78 Legal Analyses
Determining the validity, extent, or priority of liens
Section 523 - Exceptions to discharge
11 U.S.C. § 523 Cited 27,294 times 141 Legal Analyses
Granting federal courts exclusive jurisdiction over certain dischargeability disputes
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,719 times 210 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 1325 - Confirmation of plan
11 U.S.C. § 1325 Cited 6,777 times 18 Legal Analyses
Determining applicable commitment period
Section 1322 - Contents of plan
11 U.S.C. § 1322 Cited 5,625 times 13 Legal Analyses
Excluding wages used to repay 401(k) loans from disposable income
Section 507 - Priorities
11 U.S.C. § 507 Cited 4,324 times 26 Legal Analyses
Determining the priority of claims
Section 1328 - Discharge
11 U.S.C. § 1328 Cited 3,302 times 6 Legal Analyses
Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”
Section 1122 - Classification of claims or interests
11 U.S.C. § 1122 Cited 665 times 3 Legal Analyses
Providing that a debtor's reorganization plan “may place a claim or an interest in a particular class only if such claim or interest is substantially similar to the other claims or interests of such class”

Wayne R. Criddle and Sarah A. Criddle

33 Cited authorities

Holding that rule 60(b) applies "in the rare instance where a judgment is premised . . . on a violation of due process that deprives a party of notice or the opportunity to be heard"

Holding that child support claims can be separately classified if the debtor cannot carry out a plan without the separate classification

Providing a four-part test for determining whether discrimination among classes of claims violates § 1322(b)

Holding that order denying confirmation of plan "became final when, upon being notified that the Debtors did not intend to seek confirmation of an alternate plan, the court dismissed their case"

Determining the legitimacy of proposed classifications of claims in the Chapter 13 context

Holding that a Chapter 13 debtor bears the burden of proving his good faith under 11 U.S.C. § 1325

Reversing bankruptcy court and concluding that plan providing for student loan to be paid in full but only paying ten to twenty percent of other general unsecured claims was unfair discrimination

Holding modified by In re King, 460 B.R. 708, 710-11 (Bankr. N.D. Tex. 2011)

Holding that court has independent obligation to consider whether debtor has satisfied requirements for confirmation, even in the absence of objections

Applying Leser/Wolff test on a sua sponte motion to deny confirmation of a plan that would pay student loans in full with only a 15-25% dividend to other unsecured creditors

Determining the validity, extent, or priority of liens

Granting federal courts exclusive jurisdiction over certain dischargeability disputes

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Determining applicable commitment period

Excluding wages used to repay 401(k) loans from disposable income

Determining the priority of claims

Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”

Providing that a debtor's reorganization plan “may place a claim or an interest in a particular class only if such claim or interest is substantially similar to the other claims or interests of such class”