Williams v. Montclair Prop. Owner Assn (In re Cook)
Nov
10
2010
Ruling
Chapter 13 debtor could strip off homeowners' association liens on property in which there was no equity.
Procedural posture
Chapter 13 debtors filed a complaint against defendant creditor seeking to strip off liens against their residence for unpaid homeowners association assessments pursuant to 11 U.S.C.S. § 506(d) on the ground that there was no equity in the property to which the liens could attach. The debtors moved for summary judgment.
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Court
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