IN RE COONCE

Bankruptcy No. 97-30843.

213 B.R. 344 (1997)

In re Melvin COONCE and Pam Coonce, Debtors.

United States Bankruptcy Court, S.D. Illinois.

September 25, 1997.


Attorney(s) appearing for the Case

Ronald Buch, Belleville, IL, for Plaintiff.

James W. McRoberts, trustee.

Andrew Miofsky, Granite City, IL, for Debtors.


OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

At issue in this case is whether the debtors' Chapter 13 plan which separately classifies student loan obligations as long-term indebtedness under § 1322(b)(5) "unfairly discriminates" against other unsecured claims in violation of § 1322(b)(1). Debtors Melvin and Pam Coonce have proposed a Chapter 13 plan which classifies their educational loan debts separately from other unsecured, nonpriority...

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