Over $20,000 Collected for Association Through Chapter 7 Bankruptcy
A unit owner was discharged from a condominium's association's monthly fees in a Chapter 7 Bankruptcy, meaning the owner was no longer personally liable for the amount due at the time of bankruptcy filing. The Chapter 7 Trustee subsequently discovered, however, that the owner had recently received an inheritance after the passing of a relative. The bankruptcy case was reopened and Kaman & Cusimano filed a Proof of Claim for the amount due to the Association at the time of bankruptcy filing, and subsequently received payment of over $20,000 to the Association, approximately 100% of what the owner owed. Even when an owner files Bankruptcy, it is important that the association be aggressive and assert its interest in the case to maximize the possibility of recovering delinquent funds.