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Practical question out-of when a loans arises underneath the case of bankruptcy code are influenced because of the federal laws

Practical question out-of when a loans arises underneath the case of bankruptcy code are influenced because of the federal laws

See in lso are Jensen, 995 F.2d on 930 n. 5 ( The new commitment of when a state comes up getting reason for bankruptcy rules might be an issue of government case of bankruptcy rules?’ ); Corman v. Morgan (From inside the re also Morgan), 197 B.R. 892, 896 (N.D.Cal.1996) (discovering that dedication from when a claim pops up according to the bankruptcy proceeding code can be ruled by government rules), aff’d, 131 F.three dimensional 147 (9th Cir.1997); Cohen v. San diego Parkside Area Ass’n (During the lso are Cohen), 122 B.Roentgen. 755, 757 (Bankr.S.D.Cal.1991) (However, government bankruptcy proceeding rules, unlike California state laws, governs whenever a financial obligation appears to own purposes of choosing dischargeability.); find and additionally Employees’ Old age Sys. v. 2d 799, 803-04 (9th Cir.1982) (applying government laws to determine whenever parties got obligations not as much as indemnification agreement). The brand new Code defines an obligations since the accountability towards a state. eleven U.S.C. 101(12). The phrase obligations is hence coextensive that have [the definition of a good] claim’. Daghighfekr v. Mekhail (In the re Daghighfekr), 161 B.R. 685, 687 (9th Cir. BAP 1993).

Osborne (Inside lso are THC), 686 F

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Pursuant so you can area 101(5)(A), a declare is actually a good directly to fee, regardless if such as for instance best are faster so you’re able to judgment, liquidated, unliquidated, fixed, contingent, aged, unmatured, disputed, undeniable, legal, fair, safeguarded otherwise unsecured. (emphasis added). It largest you can easily definition’ out-of claim’ was designed to make sure every judge personal debt of the debtor, in spite of how secluded or contingent, should be able to become looked after about personal bankruptcy situation.’ Inside the re Jensen, 995 F.2d in the 929 (estimating H.Roentgen.Rep.

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