What is the current state of the law on prepetition waivers of discharge for public policy reasons?
federal, United States of America
The following excerpt is from Wank v. Gordon (In re Wank), 505 B.R. 878 (B.A.P. 9th Cir. 2014):
The prohibition on prepetition waivers of discharge for public policy reasons predates the Bankruptcy Code. Fallick v. Kehr, 369 F.2d 899, 904 (2d Cir.1966) ([A]n advance agreement to waive the benefits of the [Bankruptcy] Act would be void.); In re Weitzen, 3 F.Supp. 698 (S.D.N.Y.1933) (same). One bankruptcy court recently explained the basis for this policy:
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