HOA CASE, 9TH CIR, In re Goudelock
Posted: Wed Jul 11, 2018 2:11 pm
Beautiful! Thanks for sharing.
On Tue, Jul 10, 2018 at 7:36 PM, Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
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> From summary
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> The panel reversed the district courts decision affirming the bankruptcy
> courts summary judgment in favor of a condominium association, which
> sought in an adversary proceeding to determine the dischargeability of a
> debtors personal obligation to pay condominium association assessments
> that accrued between the date the debtor filed her Chapter 13 bankruptcy
> petition and the date the condominium unit was foreclosed upon.
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> Agreeing with the reasoning of the Seventh Circuit in a Chapter 7 case,
> the panel held that condominium association assessments that become due
> after a debtor has filed for bankruptcy under Chapter 13 are dischargeable
> under 11 U.S.C. 1328(a). The panel concluded that the debt arose
> prepetition and was not among exceptions listed in 1328(a). The panel
> held that the Takings Clause was not implicated because the condominium
> association retained its in rem interest. The panel also concluded that
> equitable arguments did not override the express provisions of the
> Bankruptcy Code.
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> [image: Description: Description: New Professional Pic2]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
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