Post-Petition HOA Fees Not Automatically Discharged in Chapter 13 Bankruptcy

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)

A recent decision from the Ninth Circuit Bankruptcy Appellate Panel held homeowner’s association (“HOA”) fees that accrue after a bankruptcy petition cannot be discharged automatically through a debtor’s chapter 13 plan. Batali v. Mira Owners Ass’n (In re Batali), No. BAP WW-14-1557-KiFJu, 2015 WL 7758330 (B.A.P. 9th Cir. Dec. 1, 2015).

In January 2011, Michael and Kellie Batali (“Debtors”) filed their chapter 13 petition. The Debtors listed an investment condominium among their assets . . .

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