By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...
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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