Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

A discharge under § 1328(a) will discharge an obligation of the debtor to a condominium association where the condominium was purchased pre-petition and owned by the debtor post-petition. (Robreno) Goudelock v. Sixty-01 Association of Apartment Owners, (---- F.3d ---- 2018) 2018 WL 3352883 (9th Cir. July 10, 2018)

Case Summary

Penny Goudelock purchased her condominium in Redmond, Washington in 2001. Like most condominiums, her deed was subject to the declaration of covenants and restrictions recorded against the property. The covenants and restrictions established that . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

November 10, 2019
By William Houston Brown, Editor and Adviser, NACTT Academy for Consumer Bankruptcy Education, Inc. Several Official and Director’s Forms related to bankruptcy filings are revised and some are new, with some already taking effect on October 1, 2019, others to take effect December 1, 2019, and others taking effect February 19, 2020. Several forms have already been updated on April...
Members
July 7, 2019
By Robert B. Branson and Tammy Branson, Branson Law PLLC (Orlando, FL) On June 10, 2019, Chief Judge Michael Williamson entered Administrative Order 2019-1 Prescribing Procedures for Student Loan Modification Program “SLP” in the Middle District of Florida, which goes into effect August 1, 2019. The SLP Program was a district-wide effort created with input from all three divisions of...
Members
September 15, 2019
By The Honorable William Houston Brown (Retired) Manufactured home did not become accession to real property. The creditor holding security interest in a manufactured home objected to confirmation, on the basis that § 1322(b)(2)’s anti-modification provision prevented bifurcation of its claim into secured and unsecured parts. The Eighth Circuit noted that the Bankruptcy Code does not resolve the issue of...
Members
Cohen
October 1, 2023
In conjunction with The Academy’s recent webinar on Student Loans, Scott and Josh offer a follow-up check list – a MUST READ! “With all the new student loan servicing changes, what should debtor attorneys be doing as to pending chapter 13 cases where their clients owe federal student loans? Here’s the short list:”
Members
Hayes Jury
November 17, 2024
Issue: Does the bankruptcy discharge terminate the right of a secured creditor to foreclose its lien on the debtor’s exempt homestead?
Members
May 12, 2019
Small business owners should keep good records. This applies to all businesses, whether they have a couple dozen employees or just a few. Whether they install software or make soft-serve. Whether they cut hair or cut lawns. Keeping good records is an important part of running a successful business. Here are some questions and answers to help business owners understand...
jitwan-floyd
June 2, 2024
Rule 3002 outlines requirements and offers remedies for untimely claims, giving bankruptcy judges discretion to grant relief. However, creditors should view these exceptions as corrective measures rather than substantial rights.
Members
Copy of Hildebrand-2016
March 12, 2023
When a mortgage servicer objects to the plan based on its failure to pay mortgage arrears in equal monthly payments, § 1325(a)(5)(B) requires the debtor to amend to pay the arrears in equal monthly payments. (Hanan) In re Randell, 638 B.R. 104 (Bankr. E.D. Wis. January 19, 2022) Case Summary Ms. Randell proposed a rather conventional Chapter 13 plan, seeking...
Members
May 3, 2020
By Hon. Brian Lynch, United States Bankruptcy Judge, Western District of Washington, Tacoma Division When the Supreme Court issued United Student Aid Funds, Inc. v. Espinosa1 on March 23, 2010, commentators were perplexed.2 On the one hand, the Court upheld the 9th Circuit’s ruling allowing a hardship discharge of student loans in a chapter 13 plan. The Court held that...
Members
Academy-emeritus-Logo-gold3
January 7, 2024
As a follow-up to The Academy’s December 3, 2023, issue, three Emeritus Trustees weighed in. The 12/3/23 issue included Cathy Moran’s Chapter 13 NoLook Fees: The Horns of a Dilemma and Trustee Hildebrand’s Critical Case Comment, You Gotta Fix Your Own Screw-ups, On Your Own Dime. You may also want to take note of comments on each article and add your own. Today, we offer the thoughts of two additional Emeritus Trustees. Thus a follow-up to our follow-up. 😊
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: