Rule 3002.1 And The Tangled Web of HOA Assessments

The Hadfeg decision  was delivered to me in response to a standing search for bankruptcy decisions involving FRBP 3002.1. But multi strands of legal theories run through this one.  The questions, answered and unanswered, are tantalizing. The facts are thus: Prepetition HOA dues scheduled for $5000, while HOA later claimed it was $33,000. No proof of claim  filed by HOA Post petition, HOA levies special assessments, without filing notices provided in R. 3002.1 Special assessments unpaid at plan's end At the conclusion of the plan, the debtor filed a motion pursuant to R.3002.1 to compel the HOA to deem the HOA payments current.  The HOA filed no opposition, then moved to vacate the order entered by default. HOA's wish list The HOA was expansive in its list of wants. It wanted a determination that the difference between the arrears scheduled in the plan and the arrears shown on its books, survived the discharge as an enforceable lien on the condo. It wanted … [Continue reading...]