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· 4/19/2006

Holland v. Zimmerman (In Re Zimmerman)

Citations

  • 341 B.R. 77
  • 2006 WL 1071767

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[b]ecause the discharge is a critical, if not the central, objective of an individual’s bankruptcy filing, arbitration of issues relating to dischargeability inherently conflicts with bankruptcy law”
  • finding that the BAPCPA amendment expressed Congress’ intent that claims under § 523(a)(19) should be litigated in a non-bankruptcy forum
  • recognizing the debtor’s interest in having dischargability and related issues “determined in one forum with particularized expertise to do so” (emphasis added)
  • granting relief from stay to allow plaintiffs to prosecute a pending National Association of Securities Dealers4 arbitration and to stay the adversary proceeding seeking a determination of nondischargeabiliy under section 523(a)(19) because “[s]ection 523(a)(19
  • \ Section 523(a)(19) expressly contemplates a postpetition determination of liability by a nonbankruptcy forum\

Source: CourtListener parenthetical corpus (CC0).

Judges: Paul W. Bonapfel

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.