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Who is Responsible for Paying Post-Petition Condominium Association Assessments?

| Jan 31, 2014 | Bankruptcy |

If you want to file bankruptcy and no longer be responsible for a mortgage, this is often possible. However, many mortgage companies have begun refusing to foreclose because they realize that they will likely end up owning the home and they do not want the risks and responsibilities that come with home ownership. This is especially true with cases that include condominium units in less desirable neighborhoods. The problem is that when a foreclosure does not occur, a bankruptcy filer or debtor will still own the property. So, who does the Condominium Association or Homeowner’s Association look to for payment of its assessments? The homeowner, of course!

A debtor can get rid of all assessments that are incurred before filing a bankruptcy case. However, if he files a chapter 7 bankruptcy, he cannot get rid of any assessments incurred after filing (post petition assessments). In addition, he may or may not be able to get rid of these post petition assessments even if he files a chapter 13 case. Recently, Judge Mannes of the United States Bankruptcy Court, Greenbelt Division decided a case handled by Wampler & Souder, LLC, which allowed the debtor it represented to discharge or get rid of post petition assessments in a chapter 13 case. Unfortunately, this isn’t uniformly the case, as there is some remaining authority which suggests that a debtor continues to be responsible for post petition assessments even when a chapter 13 case is filed

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