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· 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

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