Tag Archives: petition

Bankruptcy Court Rules that “Absent” Owner in Chapter 7 Must Pay, So Long as They Remain Owner

In a recent decision, our firm successfully defended an Association’s ability to collect post-petition assessments in a Chapter 7 bankruptcy case. The decision reaffirmed the 2005 amendments to the Bankruptcy Code. Following these Amendments, a debtor remains liable for post-petition assessments, so long as he or she holds “mere” legal title ownership.   

In In re Brown, Bankruptcy Judge Donald Steckroth held that a debtor remained liable for post-petition association assessments in a Chapter 7 proceeding. This liability remained, even after the unit was abandoned by the Trustee and the debtor did not live at the unit, so long as the debtor held legal title.  

The matter was brought before the Court on the debtor’s motion to compel the Association to release monies levied in a bank account, post-petition, after the bankruptcy case was closed. As background, the Association had received a state court judgment for only

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CA: SLz Homes Board Member Under Fire

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Why is Keith Barros saying all those terrible things about Brenda Carr? Barros passed out fliers and a petition to kick Carr off the board of the San Lorenzo Village Homes Association. He gathered enough signatures to put the recall on a ballot that was mailed to San Lorenzo homeowners last week.
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WA: Discord in the Pines reaching boiling point

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

Things are heating up in the Nisqually Pines and a small group who opposes the administration is threatening to sue. What they perceive as mismanagement led Pines residents Dawna Hansen-Murray and Tonie Williams to seek a petition to call a vote for removal of the homeowner association’s board of directors.
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