I think this is an excellent amendment. This amendment is designed to make clear that it is not the intention of Congress that a debtor be absolved of his obligations to continued payment of his share of common expenses due to his condominium or cooperative association which come due after he has filed bankruptcy. It seems that some courts have interpreted section 523 of the code not only to discharge the debtor from liability for common area maintenance assessments which have come due prior to his filing bankruptcy, but for those debts coming due after the date of filing. This has severely impacted thousands of association members across the country by increasing their fees to carry the burden of those members whose obligations have been discharged in bankruptcy proceedings. The current state of the law on this issue is quite confused.
Editor's note · Context
Discussing an amendment related to bankruptcy and obligations for condominium or cooperative association fees.
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