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Practical question from whenever a debt pops up according to the case of bankruptcy password are ruled of the federal legislation

Practical question from whenever a debt pops up according to the case of bankruptcy password are ruled of the federal legislation

See in lso are Jensen, 995 F.2d in the 930 letter. 5 ( New commitment regarding whenever a declare appears getting purposes of bankruptcy legislation shall be a point of federal case of bankruptcy legislation?’ ); Corman v. Morgan (Inside the re Morgan), 197 B.Roentgen. 892, 896 (N.D.Cal.1996) (finding that determination out-of when a state pops up according to the case of bankruptcy password can be influenced from the government law), aff’d loans in Arab, 131 F.three dimensional 147 (9th Cir.1997); Cohen v. Hillcrest Parkside Society Ass’n (In re also Cohen), 122 B.R. 755, 757 (Bankr.S.D.Cal.1991) (Although not, government bankruptcy law, unlike California county rules, controls whenever a debt appears getting reason for choosing dischargeability.); look for also Employees’ Old age Sys. v. 2d 799, 803-04 (9th Cir.1982) (applying government rules to decide whenever events had debt below indemnification agreement). The newest Password describes a financial obligation due to the fact responsibility into a state. 11 You.S.C. 101(12). The phrase obligations try thus coextensive which have [the expression good] claim’. Daghighfekr v. Mekhail (For the lso are Daghighfekr), 161 B.R. 685, 687 (9th Cir. BAP 1993).

Osborne (Inside re also THC), 686 F

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Pursuant to area 101(5)(A), a state try an excellent straight to commission, even when instance proper try faster to help you view, liquidated, unliquidated, fixed, contingent, aged, unmatured, disputed, undisputed, court, fair, protected or unsecured. (emphasis added). Which broadest you are able to definition’ away from claim’ is designed to make certain all judge debt of your debtor, regardless of what remote or contingent, will be able to end up being dealt with regarding the bankruptcy case.’ Inside lso are Jensen, 995 F.2d at the 929 (estimating H.R.Representative. Continue reading