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IN RE LABIB-KIYARASH

BAP No. NW-01-1069-RyMaP. Bankruptcy No. 00-10434 RCJ.

271 B.R. 189 (2001)

In re Farid LABIB-KIYARASH, Debtor. Farid Labib-Kiyarash, Appellant, v. Kathleen A. McDonald, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 4, 2001.

Attorney(s) appearing for the Case

Christopher P. Burke, Las Vegas, NV, for appellant.

Charles L. Kennon, III, Las Vegas, NV, for appellee.

Before: RYAN, MARLAR, and PERRIS, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

After Farid Labib-Kiyarash ("Debtor") filed a chapter 131 petition, Kathleen A. McDonald, the chapter 13 trustee ("Trustee"), objected (the "Objection") to Debtor's chapter 13 plan (the "Plan"). In the Objection, Trustee asserted that the Plan, which proposed under § 1322(b)(5) to maintain student loan payments outside the Plan according to the contract terms, unfairly discriminated...

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