loan final settlement calculation

loan final settlement calculation

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“For two reasons, this argument fails. “Second, any assumption would have been by the Estate, not by Nguyen. Perhaps Reliant is confusing Nguyen’s ability to reaffirm debt with the Estate’s ability to assume the contract. “In any event, the contract was not reaffirmed and Nguyen has no liability under the contract. The absence of liability under the contract would not allow Nguyen to use Reliant’s postdischarge electricity for free, but the obligation would not arise under the discharged contract. ”Carruth v. Eutsler In re Eutsler 2017 WL 6607196 9th Cir BAP 2017 The Ninth Circuit defines executory contracts as agreements under which the obligations of both the debtor and other party are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. Materiality, in turn, depends on whether, under applicable state law, one party’s nonperformance would excuse the other party’s obligation to perform. Courts will look at the outstanding obligations as of the petition date and ask whether both sides still have unperformed obligations. EXEMPT PROPERTY INCLUDES SOME NON EXEMPT ISSUES Exempt Property includes some non exempt issues FRAUDULENT TRANSFER SECTION 548 Fraudulent Transfer Section 548 GAMBLING and BANKRUPTCY Gambling and Bankruptcy HOMESTEAD, HOMEOWNERS’ ASSOCIATION "HOA" Homestead, HOA INDIAN LAW and BANKRUPTCY Indian Law and Bankruptcy INHERITANCE and BANKRUPTCY Inheritance and Bankruptcy INTEREST RATES and BANKRUPTCY Interest Rates and Bankruptcy IPSO FACTO CLAUSES IS BANKRUPTCY A BREACH OF CONTRACT?IPSO FACTO CLAUSES – IS BANKRUPTCY A BREACH OF CONTRACT?LAWSUITS, LIENS and JUDGMENTS Lawsuits, liens and Judgments LEASES/OPTIONS/LEASE BACK/EQUITABLE MORTGAGE Leases/Options/Lease back/Equitable Mortgage LIEN STRIP and VALUATION SECTION 506 Lien Strip and Valuation – Section 506 LOAN MODIFICATION, LIEN STRIP and AVOIDANCE REAL PROPERTY Loan Modification, Lien Strip and Avoidance – real property LOAN MODIFICATION and LIEN STRIP PERSONAL PROPERTY Loan Modification and Strip Down – personal property LOCAL RULES and GENERAL ORDERS Local Rules and General Orders MEANS TEST STATEMENT OF CURRENT MONTHLY INCOME B22 Means Test – Statement of Current Monthly Income B22 MILITARY ISSUES and BANKRUPTCY Military Issues and Bankruptcy MISCELLANEOUS BANKRUPTCY ISSUES Miscellaneous Bankruptcy Issues MORTGAGE COMPANIES and SERVICER ISSUES Mortgage Companies and Servicer Issues MOTION FOR RELIEF "SHOW ME THE NOTE" and OTHER ISSUES Motion for Relief – “Show Me the Note” and other issues NON DISCHARGEABLE DEBTS SECTIONS 523/727 Non Dischargeable Debts – Section 523/727 PRE BANKRUPTCY PLANNING Pre Bankruptcy Planning PREFERENTIAL TREATMENT IN BANKRUPTCY Preferential Treatment in Bankruptcy PROOF OF CLAIM Proof of Claim PROPERTY OF THE BANKRUPTCY ESTATE Property of the Bankruptcy Estate REAFFIRMATION, REDEMPTION and SURRENDER OF ASSETS Reaffirmation/Redemption/Surrender of Assets REAL PROPERTY: HOA, HOMESTEAD and BANKRUPTCY ISSUES Real Property: HOA, Homestead and Bankruptcy Issues REOPENING A BANKRUPTCY CASE Reopening Bankruptcy Case RETIREMENT ACCOUNTS and BANKRUPTCY Retirement Accounts and Bankruptcy SANCTIONS IN BANKRUPTCY Sanctions in Bankruptcy STANDING and BANKRUPTCY Standing and Bankruptcy STATUTE OF LIMITATIONS and BANKRUPTCY Statute of Limitations and Bankruptcy STUDENT or EDUCATION LOANS Student or Education Loans TAXES and BANKRUPTCY Taxes and Bankruptcy TOLLING STATE v BANKRUPTCY LAWS Tolling – State versus Bankruptcy Laws TRACING FUNDS MONEY IN BANK ACCOUNTS, ETC. Tracing Funds TRANSFERRING ASSETS BEFORE BANKRUPTCY Transferring Assets Before Bankruptcy TRUSTEE BANKRUPTCY "STANDING TRUSTEE" Trustee – Bankruptcy “standing trustee” TRUSTEE SALE or FORECLOSURE and BANKRUPTCY Bankruptcy Case Law and Notes – foreclosure, trustee’s sales and bankruptcyTrustee Sale or Foreclosure and Bankruptcy UNAUTHORIZED PRACTICE OF LAW DOCUMENT PREPARERS, DISBARRED and OUT OF STATE LAWYERS Unauthorized Practice of Law – document preparers, disbarred lawyers and other VEHICLES and BANKRUPTCY Vehicles and Bankruptcy Carruth v.