- 11 U.S.C.
Hovious, In re
Feb
15
2017
Ruling
Debtor was discharged from the post-petition homeowners' assessments regarding the lotbecause debtor ceased to enjoy any significant incidents of ownership. (Bankr. S.D. Ind.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Condominium or Cooperative Membership Association Fees and Assessments.
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:
- 11 U.S.C.
In re Ramirez
Mar
05
2016
Ruling
Condominium fee obligation survived chapter 13 discharge as an in rem obligation.
Issue(s)
Did condominium association violate the discharge injunction by collecting postpetition condominium fees?
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:
- 11 U.S.C.
Driftwood Manor Owners Assn v. Borgus (In re Borgus)
Jan
21
2016
Ruling
Homeowners' association claim for postpetition, preconversion debt was nondischargeable.
Issue(s)
The meaning of the phrase "order for relief" under 11 U.S.C.S. § 523(a)(16) where a case has been converted from chapter 13 to chapter 7.
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:
- 11 U.S.C.
Otter Creek Homeowners Assn v. Davenport (In re Davenport)
Jul
21
2015
Ruling
Postpetition homeowners association fees were nondischargeable in chapter 13 case.
Issue(s)
Were postpetition homeowners' association fees and assessments owed by the chapter 13 debtor dischargeable?
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:
- 11 U.S.C.
In Fristone
Sep
26
2012
Ruling
Bankruptcy court lacked authority to sanction homeowners' association for failing to foreclose on lien on property debtor had abandoned.
Procedural posture
This matter came before the court on debtors' amended motion for sanctions against a secured creditor, and other and further relief. The court held a hearing on the Motion.
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:
- 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
:
- 11 U.S.C.
Allard v. G&P Enters. LLC (In re Allard)
Jul
10
2012
Ruling
Association dues assessed between petition date and sale date of condominium were nondischargeable.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a homeowners' association and its agent, seeking an order which prohibited defendants from collecting homeowners' association dues that accrued on a condominium she owned after she declared bankruptcy. Defendants filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Hijjawi
May
11
2012
Ruling
Relief from stay granted to condominium association to allow collection of fees that came due between chapter 11 petition date and conversion to chapter 7.
Procedural posture
Debtor declared chapter 11 bankruptcy, and a condominium association filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the automatic stay so it could enforce nonbankruptcy rights it claimed it had against the debtor. The court granted the bank's motion but stayed its order after the debtor converted her case to one under chapter 7 of the Bankruptcy Code and asked the court to extend the automatic stay.
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:
- 11 U.S.C.
In re Barr
Sep
06
2011
Ruling
Postpetition special assessment by creditor condominium association for prepetition flood damage was nondischargeable.
Procedural posture
Chapter 7 debtors sought sanctions against a condominium association for violation of the court's discharge order under 11 U.S.C.S. § 524(a)(2). The association asserted that its claim, if pre-petition, was excepted from discharge under 11 U.S.C.S. § 523(a)(16).
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:
- 11 U.S.C.
Pigg v. BAC Home Loans Servicing LP (In re Pigg)
Jun
24
2011
Ruling
Case ordered reopened and discharge set aside to allow sale of flood-damaged condominium unit to satisfy nondischargeable assessments.
Procedural posture
Chapter 7 debtor brought an adversary proceeding against defendants, a bank, a homeowners' association, and a loan servicer, seeking some form of equitable relief to stop her homeowner association dues and assessments (HOA dues) from continuing to accrue even though she permanently evacuated her condominium after a flood.
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