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Citation for rule that Bankruptcy Court cannot
I agree that is the current law in the 9th Circuit but keep in mind it's
the minority view. About 20 days ago the 11th Circuit joined the majority
view: http://media.ca11.uscourts.gov/opinions ... 411590.pdf
If the facts were good enough, I would distinguish and see how far I could
take it.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
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On Tue, Apr 7, 2015 at 6:50 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> Here's the answer:
>
> Section 524(e) of the Bankruptcy Code provides: (e) except as provided
> in subsection (a)(3) of this section, discharge of a debt of the debtor
> does not affect the liability of any other entity on, or the property of
> any other entity for, such debt. *In re Rohnert Park Auto Parts, Inc.,*
> 113 B.R. 610, 615 (B.A.P. 9th Cir. 1990). It is not permissible even if
> the creditor consents to it. *Id.* at 616 (citing *Underhill v. Royal,*
> 769 F.2d 1426, 1432 (9th Cir. 1985)).
>
> On Tue, Apr 7, 2015 at 3:43 PM, Giovanni Orantes wrote:
>
>> I'm drafting and assembling a motion for summary judgment while trying to
>> meet other deadlines, which would make it wonderful if someone would have
>> handy a citation to a case that stands for the proposition that a debtor or
>> bankruptcy plan cannot modify the rights of a creditor as to a non-debtor
>> party or the non-debtor party's obligations thereof.
>>
>> I realize that in a community property state, a non-filing spouse's
>> community assets would not be liable for the discharged debts and that
>> Chapter 13 has a co-debtor stay that applies even to non-filing debtors.
>> The situation I'm dealing with is of a co-borrower on a loan who holds
>> title as joint tenant and wants his obligation under the loan ended and I
>> know that Bankruptcy law cannot compel the secured lender to forgive the
>> obligation of the non-debtor co-borrower.
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> **Certified Bankruptcy Specialist, State Bar of California, Board of
>> Legal Specialization*
>> *Board Certified - Business Bankruptcy Law - American Board of
>> Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of
>> Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
>> BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>>
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
>
>
I agree that is the current law in the 9th Circuit but keep in mind it's the minority view. About 20 days ago the 11th Circuit joined the majority view:
The post was migrated from Yahoo.