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Community associations and bankruptcy: why postpetition assessments should not be dischargeable

Article Abstract:

Congress, by adding Section 523(a)(16) to the Bankruptcy Code in 1994, settled a dispute among the federal courts about whether postpetition assessments of community associations are dischargeable. Congress endorsed the line of cases which declared such assessments to be dischargeable. However, an analysis of the case law shows that Congress backed the wrong line of authority. Community association assessments are covenants running with the land for which debtors should be held personally liable.

Condominium associations

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Means testing under the Bankruptcy Reform Act of 1999: a flawed means to a questionable end

Article Abstract:

Consumer bankruptcy reform measures proposed under the Bankruptcy Reform Act of 1999 are evaluated. The author discusses the history and foundation of consumer bankruptcy law in the US and outlines the various drawbacks of the proposed law's means-testing rules for bankruptcy discharge.

Analysis, Law reform, Legal reform

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Strange subordinations: correcting bankruptcy's s. 501(b)

Article Abstract:

The author argues that the Bankruptcy Code's treatment of subordination of claims from purchase of securities contains error in drafting that should be corrected.

Priorities of claims and liens

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