· 1/14/2002
In Re: Aiping Huang, Debtor, the Bank of China v. Aiping Huang
Citations
- 275 F.3d 1173
- 2002 Daily Journal DAR 459
- 2002 Cal. Daily Op. Serv. 334
- 47 Collier Bankr. Cas. 2d 1060
- 2002 U.S. App. LEXIS 551
- 38 Bankr. Ct. Dec. (CRR) 269
- 2002 WL 43164
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is against public policy for a debtor to agree with a creditor not to file bankruptcy
- holding that it is against public policy for a debtor to agree with a creditor not to file bankruptcy
- “It is against public policy for a debtor to waive the prepetition protection of the Bankruptcy Code.”
- “This prohibition of prepetition waiver has to be the law; otherwise, astute creditors would routinely require their debtors to waive.”
- discharge waivers violate public policy to provide a debtor a fresh start
- debtor’s promise “not [to] enter bankruptcy” was unenforceable
Source: CourtListener parenthetical corpus (CC0).
Judges: Noonan, Wardlaw, Schwarzer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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