Legal Opinion

Otter Creek Homeowners' Ass'n v. Davenport (In re Davenport)

United States Bankruptcy Court, E.D. Arkansas

Decided July 21, 2015No. CASE NO.: 4:10-bk-17315; AP NO.: 4:15-ap-01013PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

HONORABLE RICHARD D. TAYLOR, UNITED STATES BANKRUPTCY JUDGE

Otter Creek Homeowners’ Association (“Otter Creek”) filed a Complaint to Determine Dischargeability of Debt and Declaratory Relief (“Complaint”) seeking to determine if postpetition homeowners’ association fees and assessments owed by the Chapter 13 debtor, Cathy Davenport (“debtor”), are dischargeable. Both Otter Creek and the debtor appeared through counsel at trial on June 25, 2015; thereafter, the court took this matter under advisement. For the reasons stated herein, the relief requested in the Complaint is…

2Cases cited10 opinions

  1. In the Matter of William N. Rosteck and Joyce M. Rosteck, Debtors. Appeal of Old Willow Falls Condominium AssociationCourt of Appeals for the Seventh Circuit · 1990
  2. In Re Jeffrey Rosenfeld, Debtor. River Place East Housing Corporation, Board of Directors v. Jeffrey RosenfeldCourt of Appeals for the Fourth Circuit · 1994
  3. In Re RaymondUnited States Bankruptcy Court, S.D. New York · 1991
  4. Foster v. Double R Ranch Ass'n (In Re Foster)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  5. RTO Rents v. Benson (In Re Benson)United States Bankruptcy Court, S.D. Ohio · 1990

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3Cited by1 opinion

  1. In re MontalvoUnited States Bankruptcy Court, M.D. Florida · 2016

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