Legal Opinion

Foster v. Double R Ranch Ass'n (In Re Foster)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 19, 2010No. BAP No. WW-09-1377-JuHRu. Bankruptcy No. 08-15310. Adversary No. 08-01150PublishedCited by 21 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge.

Debtor Larry Robert Foster filed an adversary proceeding against Double R Ranch Association (the “Association”) seeking a declaration that postpetition homeowners’ association (“HOA”) dues he owed to the Association were debts dis-chargeable under § 1328(a). 2 The Association moved for summary judgment, which the bankruptcy court granted by order entered November 12, 2009. Debtor timely appealed the order.

Debtor asserts the bankruptcy court erred in its ruling because the postpetition HOA dues arose out of a prepetition contract and, therefore, any assessments…

2Cases cited29 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  3. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  4. United States v. Security Industrial BankSupreme Court of the United States · 1982
  5. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007

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3Cited by21 opinions

  1. Canning v. Beneficial Maine, Inc. (In Re Canning)United States Bankruptcy Court, D. Maine · 2011
  2. In re RosaUnited States Bankruptcy Court, D. Hawaii · 2013
  3. Maple Forest Condominium Ass'n v. Spencer (In Re Spencer)District Court, E.D. Michigan · 2011
  4. Mahakian v. William Maxwell Investments, LLC (In Re Mahakian)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  5. Penny Goudelock v. Sixty-01 Ass'n of Apt. OwnersCourt of Appeals for the Ninth Circuit · 2018

16 more not listed; retrieve them via the Exa API.

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