§ 523(a)(16)

Hovious, In re

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.)
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Consumer case opionion summary, case decided on February 15,2017, LexisNexis #0317-073

Driftwood Manor Owners Assn v. Borgus (In re Borgus)

Ruling: 
Homeowners' association claim for postpetition, preconversion debt was nondischargeable.
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Consumer case opionion summary, case decided on January 21,2016, LexisNexis #0216-082

Otter Creek Homeowners Assn v. Davenport (In re Davenport)

Ruling: 
Postpetition homeowners association fees were nondischargeable in chapter 13 case.
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Consumer case opionion summary, case decided on July 21,2015, LexisNexis #0815-053

In Fristone

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.
Ruling: 
Bankruptcy court lacked authority to sanction homeowners' association for failing to foreclose on lien on property debtor had abandoned.
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Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1212-085

In re Kelson

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.
Ruling: 
Condominium association's claim for special assessment was unsecured.
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Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-051

Allard v. G&P Enters. LLC (In re Allard)

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.
Ruling: 
Association dues assessed between petition date and sale date of condominium were nondischargeable.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-021

In re Hijjawi

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.
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.
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Consumer case opionion summary, case decided on May 11,2012, LexisNexis #0612-020

In re Barr

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).
Ruling: 
Postpetition special assessment by creditor condominium association for prepetition flood damage was nondischargeable.
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Consumer case opionion summary, case decided on September 06,2011, LexisNexis #1011-016

Pigg v. BAC Home Loans Servicing LP (In re Pigg)

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.
Ruling: 
Case ordered reopened and discharge set aside to allow sale of flood-damaged condominium unit to satisfy nondischargeable assessments.
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Consumer case opionion summary, case decided on June 24,2011, LexisNexis #1011-118

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