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IN RE DELAUDER

Bankruptcy No. 95-13005-AM.

189 B.R. 639 (1995)

In re Michael A. DELAUDER, Debtor.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

November 28, 1995.

Attorney(s) appearing for the Case

Gerald M. O'Donnell, Chapter 13 Trustee, Alexandria, VA.

Joseph Goldberg, Woodbridge, VA, for debtor.

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

A hearing was held on October 10, 1995, on the trustee's objection to confirmation of the debtor's chapter 13 plan. The issue is whether the debtor may directly pay an undersecured automobile loan in full outside the plan when unsecured creditors are being compromised at 25%. The trustee objects that such disparate treatment violates § 1322(b)(1), Bankruptcy Code, by discriminating unfairly between...

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