Citation for rule that Bankruptcy Court cannot modify the rights
Posted: Tue Apr 07, 2015 6:50 pm
Here's the answer:
ided 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.
Here's the answer:
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