What is the effect of the Bankruptcy Code on a debtor's ability to obtain a new lease of life?

federal, United States of America

The following excerpt is from Mele v. Mele (In re Mele), 501 B.R. 357 (B.A.P. 9th Cir. 2013):

One of the major policy objectives of the Bankruptcy Code is to provide the honest but unfortunate debtor with a fresh start. Bugna v. McArthur (In re Bugna), 33 F.3d 1054, 1059 (9th Cir.1994), citing

Other Questions


Is there any case law where a bankruptcy court erred when it rejected an appeal from a debtor who argued that the debtor should be declared bankrupt because the debtor was unable to access the debtor's assets? (federal, United States of America)
When a non-debtor spouse of a debtor is in a bankruptcy proceeding, does the debtor have any interest in property that would have been part of the debtor's estate? (federal, United States of America)
Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
When a debtor files for bankruptcy relief in the federal bankruptcy court, does the debtor have access to letters of credit? (MultiRegion, United States of America)
Is a bankruptcy trustee permitted to avoid making preferential payments to a debtor's creditors prior to the debtor filing for bankruptcy? (MultiRegion, United States of America)
Does a debtor's discharge in bankruptcy affect the lien by judgment which had attached to the debtor's property before he filed his petition in bankruptcy? ("New York", United States of America)
Does the bankruptcy court have to apply a special evidentiary standard to determine whether a debtor has been successful in bankruptcy? (MultiRegion, United States of America)
Can a bankruptcy judge abuse his discretion by failing to rule that a debtor has a valid claim for bankruptcy protection? (federal, United States of America)
What are the implications of a federal bankruptcy court's affirmance of a bankruptcy court order requiring the debtor to repay a judgment against him? (MultiRegion, United States of America)
Is a debtor who transfers property to a non-arms’ length third party who has transferred property subject to the debtor’s subsequent bankruptcy? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.