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In re Roszowski

In re Roszowski

Ruling
Debtor could not avoid homeowners' association lien on condominium which had been foreclosed on prior to petition date.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code and sought an order under 11 U.S.C.S. § 522(f) which avoided a judicial lien a homeowners' association (HOA) held on real and personal property. The HOA filed a motion seeking an order under 11 U.S.C.S. § 554(b) which required the chapter 7 trustee to abandon personal property the debtor left in a condominium the HOA purchased.

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Consumer opinion summary, case decided on November 05, 2012 , LexisNexis #1112-127