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In re Jordahl

United States Bankruptcy Appellate Panel of the Eighth Circuit

November 2, 2015

In re: Kevin D. Jordahl, Jr.; Sarah J. Jordahl, formerly known as Sarah J. Davis, Debtors;
v.
Gregory A. Burrell, Trustee - Appellee Kevin D. Jordahl, Jr.; Sarah J. Jordahl, Debtors - Appellants

Submitted October 9, 2015

Page 568

Appeal from United States Bankruptcy Court for the District of Minnesota - Minneapolis.

For Kevin D. Jordahl, Jr., Sarah J. Jordahl, Debtors - Appellants: Richard J. Pearson, Matthew M. Tande, PRESCOTT & PEARSON, New Brighton, MN.

For Gregory A. Burrell, Trustee - Appellee, Karl J. Johnson, OFFICE OF GREGORY A. BURRELL, CHAPTER 13 TRUSTEE, Minneapolis, MN.

Before SCHERMER, SALADINO and NAIL, Bankruptcy Judges.

OPINION

Page 569

SCHERMER, Bankruptcy Judge

The Debtors, Kevin D. Jordahl, Jr. and Sarah J. Jordahl (Debtors), appeal from the order of the bankruptcy court[1] confirming their amended Chapter 13 plan. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we affirm.

ISSUE

The issue in this appeal is whether a Chapter 13 debtor is permitted to pick and choose the subsections of 11 U.S.C. § 1322(b) with which he will comply to the exclusion of other subsections, or whether when the debtor's treatment under one subsection of § 1322(b) falls within the ambit of another subsection, the debtor must meet all standards of that other subsection. We hold that when a Chapter 13 debtor's treatment of a creditor under one subsection of § 1322(b) falls within the contours of another subsection of that statute, all standards of both subsections must be satisfied. Specifically, we examine whether the maintenance of regular payments for unsecured non-priority student loan debt by the Debtors in this case, while they paid substantially less to other unsecured non-priority debt, satisfied the requirements of Bankruptcy Code § § 1322(b)(1) and (b)(10). We hold that those requirements were not met.

BACKGROUND

On September 30, 2013, the Debtors filed a petition for relief under Chapter 7 of Title 11 of the United States Code (Bankruptcy Code), and the Debtors' case was later converted to a case under Chapter 13.

The two Debtors had a total of three student loans, each of which had a final payment that would come due after the completion of the Debtors' Chapter 13 plan. The Debtors were current on their student loan payments at all relevant times.

Following the conversion of the Debtors' case to Chapter 13, the Debtors filed their Chapter 13 plan (Original Plan). The ...


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