- 11 U.S.C.
In re Kelson
Sep
10
2012
Ruling
Condominium association's claim for special assessment was unsecured.
Procedural posture
A creditor of chapter 13 debtor, a condominium association, filed a motion for relief from the automatic stay. If the motion was denied, the parties sought a determination as to whether a claim by the association against the debtor for a special assessment was properly classified as unsecured debt or if the special assessment had to be included in the debtor's postpetition chapter 13 plan payments.
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Court
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