No. 18-532

Sixty-01 Association of Apartment Owners v. Penny D. Goudelock

Lower Court: Ninth Circuit
Docketed: 2018-10-23
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: assessment-discharge bankruptcy-code bankruptcy-code-discharge chapter-13 chapter-13-bankruptcy community-association community-association-assessments due-process due-process-clause federalism fifth-amendment property-ownership ripeness-doctrine takings takings-clause
Key Terms:
Takings DueProcess FifthAmendment Securities JusticiabilityDoctri
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor retains ownership of the real property?

Question Presented (OCR Extract)

QUESTIONS PRESENTED When a condominium owner files a Chapter 13 bankruptcy, some courts are extending the discharge of “debts” to eliminate all personal liability for future condominium assessments — even though the owner continues to reap the benefits from owning property in the community. This stretches the definition of a “debt” beyond recognition, abrogating fundamental laws of federalism, due process, and ripeness. Debtors are being given not just a “fresh start”, but a “free pass” in contravention of state laws that treat future assessments as a property interest flowing from a covenant running with the land. The questions presented are: 1. Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor retains ownership of the real property? 2. If the Bankruptcy Code discharges future community association assessments, does this violate the Takings or Due Process Clauses of the Fifth Amendment of the U.S. Constitution? 3. If the Bankruptcy Code discharges future community association assessments, does this violate the ripeness doctrine?

Docket Entries

2019-06-21
MANDATE ISSUED.
2019-06-21
JUDGMENT ISSUED.
2018-12-27
Record received from the District Court of Wyoming, Sheridan County, Two boxes..
2018-12-10
Record requested from the District Court of Wyoming, Sheridan County.
2018-11-19
Petition DENIED.
2018-11-14
Brief amicus curiae of Community Associations Institute filed.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-23
Waiver of right of respondent Penny D. Goudelock to respond filed.
2018-10-09
Petition for a writ of certiorari filed. (Response due November 23, 2018)

Attorneys

Community Associations Institute
Thomas Owen MoriartyMoriarty Troyer & Malloy LLC, Amicus
Penny D. Goudelock
Nathaniel Peardon GarrettJones Day, Respondent
Sixty-01 Association of Apartment Owners
Stephen M. SmithSound Legal Partners, PLLC, Petitioner