Bankruptcy,
9th U.S. Circuit Court of Appeals
Aug. 9, 2018
A win for debtors who own condominiums
The 9th Circuit gives the super discharge in Chapter 13 another bullet in its belt.
Jeff Curl
JC Law Group PCEmail: jcurl@jclawgroup.com
Jeff represents individuals, families, and businesses in Chapter 7, Chapter 11 and Chapter 13 bankruptcy proceedings, as well as debt settlement.
A bankruptcy client with a home that is part of a homeowner's association has always faced the problem of 11 U.S.C. Section 523(a)(16). Any "fee or assessment" that becomes due to condominium association, homeowner's association or cooperative association after filing bankruptcy is not dischargeable. This presented a serious ongoing liability for debtors, particularly in the 2008-2013 housing glut. Homes would sit on the market for months and years, with homeowner's a...
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