Critical Case Comment – Foster v. Double R Ranch Association (In re Foster), 435 B.R. 650 (9th Cir. BAP July 19, 2010) (Jury)

Foster v. Double R Ranch Association (In re Foster), 435 B.R. 650 (9th Cir. BAP July 19, 2010) (Jury)

A Chapter 13 debtor’s requirement to pay homeowners’ association dues was not contractual but was a covenant running with the land so the Chapter 13 plan could not discharge the debtor’s personal liability for such dues.

Summary of the Case

When the Debtor filed a Chapter 13 petition, her plan did not provide for payment . . .

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