Critical Case Comment: In re Pigg

By Henry E. Hildebrand, III

Pigg v. BAC Home Loans Servicing (In re Pigg), 2011 WL 2531399 (Bankr. M.D. Tenn., June 23, 2011) (Paine)

Case Summary

Where a Chapter 7 debtor surrenders undersecured real property and the mortgagee acts to protect the property but does not foreclose, the Court can require the Chapter 7 trustee to sell the property to cut off the Debtor’s obligations to pay homeowners association fees which would otherwise be excepted from discharge.

What this Case Means to Debtors

Ms. Pigg owned a home . . .

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