In re Montalvo

MEMORANDUM OPINION DENYING DEBTOR’S MOTION FOR SANCTIONS AND GRANTING DECLARATORY RELIEF

Karen S. Jennemann, United States Bankruptcy Judge

Debtor previously owned two condominiums requiring him to pay periodic assessments to the Villa Medici’s Condominium Association (the “Association”). Debtor stopped paying these assessments, filed a Chapter 13 bankruptcy case, and surrendered his interest in the condominiums. The Association, through a receiver, then collected rents on the surrendered condominiums and applied the monies to the oldest assessments due, all pre-petition. Debtor now seeks…