· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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