· 5/6/1983
Associates Financial Services Corp. v. Cowen (In Re Cowen)
Citations
- 29 B.R. 888
- 1983 Bankr. LEXIS 6269
- 10 Bankr. Ct. Dec. (CRR) 738
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing the second case because, inter alia, it was filed before entry of the discharge in the first case
- \[A] discharged debt which was not properly reaffirmed is not cognizable as `debt' in a subsequent proceeding without either a novation of the prior obligation or the creation of an entirely new debt.\
- Debtors may not maintain simultaneous proceeding under Chapter 7 and Chapter 13
- “the filing of two simultaneous petitions is contrary to the obvious contemplated function of the Bankruptcy Code to resolve debtors’ financial affairs by administration of a debtor’s property as a single estate under a single Chapter within the Code”
- “[a] debtor possesses only one estate for purposes of trusteeship”
- “A debtor possesses only one estate for purposes of trusteeship.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Charles A. Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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