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IN RE STEWART

Bankruptcy Nos. 85-20536, 85-20654.

52 B.R. 281 (1985)

In re Frank D. STEWART a/k/a Franklin D. Stewart, Debtor. In re Terry L. BAKER, Debtor.

United States Bankruptcy Court, W.D. New York.

August 20, 1985.

Attorney(s) appearing for the Case

George Reiber, Rochester, N.Y., Chapter 13 trustee.

Alan L. Offen, Rochester, N.Y., for Frank D. Stewart.

Kenneth B. Mason, Rochester, N.Y., for Terry L. Baker.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The subject Chapter 13 cases are cases in which confirmation has been reserved because of a problem arising out of the debtor's classification of unsecured debts. In each case, the debtor has made nondischargeable child support payments a separate class from the other unsecured debts. The question presented in both cases is such a classification permissible.

The facts are as follows. In the...

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