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Home CHAPTER 5 - Creditors, the Debtor and the Estate Subchapter II - Debtor's Duties and Benefits 524 524

524

Claims Discharged in Chapter 7 Revive If the Case Is Converted to Chapter 13

Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
Court: 
7th Circuit›Illinois›Illinois Southern District

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Court: 
10th Circuit

Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation

Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
Court: 
9th Circuit

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?
Court: 
2nd Circuit›New York›New York Southern District

Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.
Court: 
4th Circuit›South Carolina

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