By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...
Critical Case Comment – Foster v. Double R Ranch Association (In re Foster), 435 B.R. 650 (9th Cir. BAP July 19, 2010) (Jury)
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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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