Practical question out of when a financial obligation arises under the bankruptcy password was influenced by the federal law

Get in re Jensen, 995 F.2d in the 930 letter. 5 ( Brand new commitment away from when a declare appears for purposes of bankruptcy proceeding laws would be a question of federal bankruptcy law?’ ); Corman v. Morgan (Inside the lso are Morgan), 197 B.R. 892, 896 (N.D.Cal.1996) (discovering that dedication off when a state appears beneath the bankruptcy password shall be influenced by government laws), aff’d, 131 F.three-dimensional 147 (9th Cir.1997); Cohen v. North park Parkside People Ass’n (For the re Cohen), 122 B.Roentgen. 755, 757 (Bankr.S.D.Cal.1991) (But not, government personal bankruptcy laws, as opposed to California condition laws, controls when an obligations comes up to possess purposes of determining dischargeability.); see in addition to Employees’ Old age Sys. v. 2d 799, 803-04 (9th Cir.1982) (applying federal laws to choose whenever activities had personal debt significantly less than indemnification agreement). Brand new Password describes a loans as responsibility for the a declare. 11 You.S.C. 101(12). The phrase debt are thus coextensive with [the word a great] claim’. Daghighfekr v. Mekhail (For the lso are Daghighfekr), 161 B.R. 685, 687 (9th Cir. BAP 1993).

Osborne (Into the re also THC), 686 F

Pursuant to help you area 101(5)(A), a claim is actually an excellent right to fee, no matter if like best was smaller to help you wisdom, liquidated, unliquidated, fixed, contingent, mature, unmatured, disputed, undeniable, courtroom, fair, secured otherwise unsecured. (focus added). So it largest you’ll be able to definition’ of claim’ was designed to make sure the legal debt of your own debtor, regardless of what remote or contingent, should be able to be taken care of on personal bankruptcy circumstances.’ Within the re Jensen, 995 F.2d within 929 (estimating H.R.Associate. Weiterlesen →