Legal Opinion

Bankruptcy Receivable Management v. Lopez (In Re Lopez)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 12, 2002No. BAP No. EC-01-1178-MoHRy. Bankruptcy No. 98-31825-A7. Adversary No. 99-2726PublishedCited by 3 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

Bankruptcy Receivables Management (“BRM”) appeals the bankruptcy court’s judgment rescinding a post-discharge agreement between BRM and Charles and Julie Lopez (“Debtors” or “the Debtors”), ordering BRM to pay the Debtors $85.00, and ordering the Debtors to turn over certain jewelry to BRM. We hold that the post-discharge agreement violated Bankruptcy Code section 524 2 and was therefore invalid and unenforceable. We also hold that the Debtors were entitled to rescind the post-discharge agreement under California law. Accordingly, we affirm the bankruptcy…

2Cases cited25 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Amadeo v. ZantSupreme Court of the United States · 1988
  4. Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
  5. Galindo v. Stoody Co.Court of Appeals for the Ninth Circuit · 1986

20 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In Re Charles Lopez in Re Julie Lopez, Debtors, Bankruptcy Receivables Management v. Charles Lopez Julie LopezCourt of Appeals for the Ninth Circuit · 2003
  2. Bay Federal Credit Union v. Ong (In Re Ong)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. San Francisco Baykeeper v. SunnyvaleDistrict Court, N.D. California · 2025

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