Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee

Where a case converts to Chapter 7 from a Chapter 13, all post-petition, pre-conversion homeowners’ assessments and fees are nondischargeable pursuant to § 523(a)(16). Driftwood Manor Homeowners Association v. Borgus (In re Borgus), 544 B.R. 315 (Bankr. E.D. N.C. January 21, 2016) (Humrickhouse)

Case Summary

Ms. Borgus filed a Chapter 13 petition in April of 2012 and owed the Driftwood Manor Owners Association approximately $5,100 as of the petition date for pre . . .

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