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City of Clarksburg v. Sprouse (In re Sprouse)

City of Clarksburg v. Sprouse (In re Sprouse)

Ruling
Claim based on creditor city's postpetition demolition of property pursuant to prepetition condemnation was discharged in debtor's bankruptcy.
Procedural posture

Debtors filed a no-asset, chapter 7 bankruptcy case on September 3, 2003. Earlier that year, on April 23, 2003, plaintiff, the City of Clarksburg, condemned property debtors owned as being dilapidated. As a result of this condemnation, the City razed the property on September 8, 2006, for the cost of $ 4,900. The City sought to collect this amount from debtors as a post-petition obligation. Pending were cross-motions for summary judgment.

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Consumer opinion summary, case decided on April 15, 2008 , LexisNexis #0508-025