Legal Opinion
In Re Burgueno
United States Bankruptcy Court, D. Arizona
Decided May 26, 2011No. 2:09-bk-10375-RJHPublishedCited by 7 opinions
1Opinion of the Court
OPINION AND ORDER DENYING DISCHARGE OF POST PETITION HOA FEES AND ATTORNEYS’ FEES
RANDOLPH J. HAINES, Bankruptcy Judge.
The issue here is whether an individual debtor remains liable for post-petition homeowner association assessments and attorneys’ fees even though he does not occupy the property and stipulated to stay relief so the lender could foreclose. Because stay relief does not transfer legal title, the Court concludes the posUpetition homeowner association (“HOA”) fees, and the legal fees incurred in litigating them, are nondischargeable pursuant to Code § 523(a)(i6). 1
Background Facts
De…
2Cases cited18 opinions
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- Cohen v. De La CruzSupreme Court of the United States · 1998
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- In Re Mark Riso Shelly Riso, Debtors. Gary L. Snoke v. Mark Riso Shelly RisoCourt of Appeals for the Ninth Circuit · 1992
- Barmat v. John and Jane Doe Partners ADArizona Supreme Court · 1987
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3Cited by7 opinions
- Oakland Ridge Homeowners Ass'n v. Braverman (In re Braverman)United States Bankruptcy Court, N.D. Illinois · 2011
- Maple Forest Condominium Ass'n v. Spencer (In Re Spencer)District Court, E.D. Michigan · 2011
- In re JacksonBankruptcy Appellate Panel of the Sixth Circuit · 2016
- In re CoonfieldUnited States Bankruptcy Court, E.D. Washington · 2014
- Clower v. Jardin (In Re Clower)United States Bankruptcy Court, N.D. Georgia · 2011
2 more not listed; retrieve them via the Exa API.