In re Jackson (collections – bankruptcy)

The Sixth Circuit B.A.P. holds that the bankruptcy court abused its discretion in awarding sanctions against a creditor for violation of a discharge order in the individual’s Chapter 7 bankruptcy case. The condominium association rescheduled a sheriff’s sale of the debtor’s condominium unit to complete a pre-petition foreclosure. The bankruptcy court found that the association’s primary objective was to collect the discharged debt from the debtor, for reasons including that there was likely no equity available to pay the association through the sale. The Sixth Circuit B.A.P. holds that this was an abuse of discretion, as the association had the right to enforce its lien post-petition      Read the article………….     Read the opinion…………..


Related Articles

Appeals court yields pro-builder ruling in construction-defects case

The Colorado Court of Appeals ruled this week that the stipulation in a homeowner association’s bylaws that arbitration be used

Mandatory Training for Community Association Board Members (MD)

Following the release of a report evaluating the Montgomery County Commission on Common Ownership Communities, the Montgomery County Council in

HUD’S Fair Housing Decision Upheld by First Circuit Court of Appeals

The U.S. Department of Housing and Urban Development announced today that it has won an important Fair Housing Act victory