By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Homeowner association fees that obligate homeowners of condominium and planned unit developments can be a substantial obligation that accrue on a monthly basis. These obligations are generally a burden when a debtor files for bankruptcy relief. To be fair, homeowners’ associations provide a significant benefit to homeowners. Exterior maintenance,...
From the Editor – Claims
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Time-barred claim was not revived by debtor’s scheduling of claim. The Chapter 13 debtor scheduled a claim to LVNV Funding, LLC and did not list it as contingent, unliquidated or disputed, but when LVNV filed a proof of claim, disclosing that it was time barred, the debtor objected. LVNV responded that the debtor’s scheduling of the claim amounted to revival of the debt for collection, but the court concluded that under South Carolina law, scheduling did not constitute revival. Even if South Carolina law were not . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Covid-19 and the 7 Year Plan
ABI Commission on Consumer Bankruptcy – Dischargeability of Homeowner Association Fees
Critical Case Comment – Present Value and Attorney’s Fees
ABI Commission on Consumer Bankruptcy – What Does It Mean to Surrender?
Sanctions in South Carolina
Critical Case Comment – Stay Violation: Repossession No, Sale Yes
Bankruptcy’s Eternal Struggle
Just the Facts, Ma’am – Consolidated Appropriations Act, December 27, 2020
Hanging Paragraph, Cars for Non-Personal Use, and PMSI
The Bankruptcy Moot Court Experience – Duberstein 2019