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· 6/13/1985

Stewart v. Underwood

Citations

  • 704 P.2d 275
  • 146 Ariz. 145
  • 1985 Ariz. App. LEXIS 574

How courts have described this case

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

  • holding that effect of bankruptcy discharge under Arizona law is “not an extin-guishment of the debt, but only a bar to enforcement of the debt as a personal obligation of the debtor”
  • holding that effect of bankruptcy discharge under Arizona law is Anot an extinguishment of the debt, but only a bar to enforcement of the debt as a personal obligation of the debtor@
  • holding that effect of discharge of debt under Bankruptcy Code is the same as it was under the 1898 Bankruptcy Act; it is not an extinguishment of the debt, but only a bar to enforcement of the debt as a personal obligation of the debt- or
  • noting a secured creditor may join the bankruptcy proceeding or \wait and enforce his rights after the automatic bankruptcy stay is terminated\
  • rejecting debtor’s argument that mortgage was rendered “null and void” because personal debt discharged in bankruptcy; holding discharge did not extinguish debt, but only barred subsequent actions against debtor personally
  • discharge under the Code is “a bar to enforcement of the debt as a personal obligation of the debtor”

Source: CourtListener parenthetical corpus (CC0).

Judges: Haire, Meyerson, Grant

Read full opinion on CourtListener

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.