Barker Martin

Condo-HOA Blog - Chapter 13 Bankruptcy

New Case Law Involving Chapter 13 Bankruptcy Debtors

The 9th Circuit United States Court of Appeals issued an opinion recently in Goudelock v. Sixty-01 Association of Apartment Owners holding that an owner's personal obligation to pay assessments that become due after the debtor has filed a Chapter 13 bankruptcy are dischargeable under ยง1328(a) of the Bankruptcy Code. This means that if an owner receives a discharge in a Chapter 13 bankruptcy case filed in Washington, Oregon, Alaska, Arizona, California, Hawaii, Idaho, Montana, or Nevada, that owner will no longer be personally obligated to pay any post-petition assessments. read more

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