Legal Opinion

Kelly L. Makowka v.

Court of Appeals for the Third Circuit

Decided June 9, 2014No. 13-3469PublishedCited by 19 opinions

1Opinion of the Court

OPINION

HARDIMAN, Circuit Judge.

This appeal requires us to interpret a state statute—the Pennsylvania Uniform Planned Community Act (UPCA), 68 Pa. Cons.Stat. §§ 5101-414—in the bankruptcy context. Appellant Kelly Makowka seeks in Chapter 13 proceedings to avoid a portion of claims made by her homeowners association, Pocono Mountain Lake Estates Community Association (the Association). The Bankruptcy Court, in an order affirmed by the District Court, held that the Association had a valid statutory lien on Makowka’s residence pursuant to the UPCA, which the Association had enforced by obtaining…

2Cases cited14 opinions

  1. US Bank N.A. v. MallorySuperior Court of Pennsylvania · 2009
  2. Levitt v. PatrickSuperior Court of Pennsylvania · 2009
  3. U.S. Underwriters Insurance Co. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1996
  4. In Re Heritage Highgate, Inc.Court of Appeals for the Third Circuit · 2012
  5. Irving B. Gruber v. Owens-Illinois Inc.Court of Appeals for the Third Circuit · 1990

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3Cited by19 opinions

  1. Crystallex International Corp. v. Petróleos De Venezuela, S.A.Court of Appeals for the Third Circuit · 2018
  2. GEICO v. Mount Prospect Chiropractic Center PACourt of Appeals for the Third Circuit · 2024
  3. Zardinovsky v. Arctic Glacier Income Fund (In Re Arctic Glacier Int'l, Inc.)Court of Appeals for the Third Circuit · 2018
  4. Robert Bosch LLC v. Alberee Products, Inc.District Court, D. Delaware · 2014
  5. In Re Trump Entertainment Resorts, Unite Here Local 54Court of Appeals for the Third Circuit · 2016

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