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Condo and subdivision fees: Are Association fees dischargeable?

Archive for September, 2011

Condo and subdivision fees: Are Association fees dischargeable?

In short the debtor is responsible for association assessments as long as the debtor is the owner of the property. In a chapter 13, the debtor who wants to keep his property must add the prepetition assessment fees into his plan if they are delinquent. The assessment is normally secured by the property. State law […]

Not disclosing and transfer of assets led to denial of discharge

We learned nothing new from a recent court decision (In re Dandrum, Bankr. D.ND. August 19, 2011): The debtor must take seriously his duties to disclose transfers before filing and to list income and assets accurately seriously or risk denial of discharge (and even more severe consequences). Debtor failed to disclose assets and transfers on […]

Relief from Stay denied after mortgage company can’t produce the note.

After the debtor filed a chapter 7 bankruptcy, his mortgage company file a motion for relief in order to start foreclosure proceedings. The court denied the motion for relief because the mortgage company could not show which rights the company has in the note and the failure of properly document the transfer of both the […]