Bankruptcy of a unit
owner is usually accompanied by the failure of the owner to pay maintenance
assessments. The news of bankruptcy usually comes to the Association
by means of a notice from a bankruptcy court.
The first thing that must be emphasized (it is stated in the notice)
is that the creditor association cannot pursue an owner for maintenance
fees due and owing, but unpaid, at the time of the notice of bankruptcy.
This prohibition extends to more than legal action. The Association
cannot contact the delinquent owner to demand repayment or take
other steps to try to collect the unpaid assessment.
The date of the notice is a dividing line - all debts incurred
before that date are under the jurisdiction of the Bankruptcy Court,
subject to being discharged, or paid, wholly or in part, under the
Bankruptcy Code, as interpreted by the Bankruptcy Trustee and/or
Judge. Maintenance fees incurred after that date might or might
not be collectable by the Association, depending on circumstances.
Condominium maintenance fees are specially treated in the Bankruptcy
Code, and the Board should contact legal counsel for advice.
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