It states that, absent undue hardship, a
bankruptcy discharge does not eliminate the debtor's need to repay certain debts.
Although both plaintiff and Edem are residents of Virginia, the removing defendants contend that he is a nominal party by virtue of his
bankruptcy discharge, and thus his citizenship can be ignored for purposes of establishing jurisdiction.
Bankruptcy Discharge Injunction; Contempt; Preclusive Effect
Where a town sought a declaration that its judgment for specific performance against a debtor was not subject to
bankruptcy discharge, the town's right to performance is not a "debt" because it is not a right to payment, and therefore not dischargeable in bankruptcy.
The scope of the
bankruptcy discharge depends on the chapter under which the case is filed and the nature of the debt.
The
bankruptcy discharge releases the debtor's personal obligation, their "in personam" liability to pay the debts.
River Place's right to payment for post-petition assessments did not arise pre-petition and was not extinguished by Rosenfeld's
bankruptcy discharge. (7)
The latter, initiated at a moment when PSLs were certainly dischargeable in bankruptcy, apparently comprised within their cost a superior risk premium (Nica and Potcovaru, 2015) to reimburse lenders for the unrestricted convenience of the
bankruptcy discharge. Pre-BAPCPA, borrowers most probably had to cover the cost of this premium.
Conway received her Chapter 7
bankruptcy discharge in 2010, but the discharge did not include any of her outstanding student loan debt.
(20) Likewise, although there should be a per se exception to discharge, HCCs should be afforded similar, limited
bankruptcy discharge. (21) This Note's conclusion reiterates the commonalities between HCCs and student loans, emphasizing their proposed similar bankruptcy dischargeability under limited circumstances.
Drain of the federal bankruptcy court in White Plains said in one opinion that debt buyers know that a bank "will refuse to correct the credit report to reflect the obligor's
bankruptcy discharge, which means that the debtor will feel significant added pressure to obtain a 'clean' report by paying the debt,'' according to court documents.
the
bankruptcy discharge removes it almost entirely.
