IN RE KLEIN

BAP No. AZ 85-1129, Bankruptcy No. B-85-757 PHX LO.

57 B.R. 818 (1985)

In re Dennis James KLEIN and Cathy Ann Klein, Debtors. PHOENIX INSTITUTE OF TECHNOLOGY, Appellant, v. Dennis James KLEIN and Cathy Ann Klein, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided December 12, 1985.


Attorney(s) appearing for the Case

Carmen A. Chenal, Hayt, Hayt & Landau, Phoenix, Ariz., for appellant.

Sheila A. Breecher, Charles, Smith & Bellah, P.C., Glendale, Ariz., for appellees.

Before ELLIOTT, ABRAHAMS and MEYERS, Bankruptcy Judges:


OPINION

ELLIOTT, Bankruptcy Judge:

Phoenix Institute of Technology (P.I.T.) appeals the bankruptcy court order confirming the Chapter 13 plan of Dennis and Cathy Klein (debtors). P.I.T. holds an unsecured claim based on a National Direct Student Loan to Dennis Klein. P.I.T. argues that the plan should not be approved because it provides for less than 100% repayment of its loan. We review de novo the bankruptcy court's order confirming the Chapter...

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