From the Editor – Discharge

By The Honorable William Houston Brown (Retired)

Postpetition homeowners’ association fees and assessments are not dischargeable. The Chapter 13 debtor relied on lack of reference in § 1328(a) to § 523(a)(16), asserting that postpetition homeowners’ association fees and assessments were subject to discharge. The debtor had surrendered the residence but the court had denied the portion of the debtor’s abandonment which attempted to shift the liability for the homeowners’ association fees and assessments to the mortgage company. The homeowners’ association had not filed a proof of claim or voluntarily participated in the Chapter 13 . . .

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