No. 18-532
Sixty-01 Association of Apartment Owners v. Penny D. Goudelock
Amici (1)Response Waived
Tags: assessment-discharge bankruptcy-code bankruptcy-code-discharge chapter-13 chapter-13-bankruptcy community-association community-association-assessments due-process due-process-clause federalism fifth-amendment property-ownership ripeness-doctrine takings takings-clause
Latest Conference:
2018-11-16
Question Presented (from Petition)
1. Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor retains ownership of the real property?
2. If the Bankruptcy Code discharges future community association assessments, does this violate the Takings or Due Process Clauses of the Fifth Amendment of the U.S. Constitution?
3. If the Bankruptcy Code discharges future community association assessments, does this violate the ripeness doctrine?
Question Presented (AI Summary)
Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor retains ownership of the real property?
Docket Entries
2019-06-21
MANDATE ISSUED.
2019-06-21
JUDGMENT ISSUED.
2018-12-27
Record received from the District Court of Wyoming, Sheridan County, Two boxes..
2018-12-10
Record requested from the District Court of Wyoming, Sheridan County.
2018-11-19
Petition DENIED.
2018-11-14
Brief amicus curiae of Community Associations Institute filed.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-23
Waiver of right of respondent Penny D. Goudelock to respond filed.
2018-10-09
Petition for a writ of certiorari filed. (Response due November 23, 2018)
Attorneys
Community Associations Institute
Penny D. Goudelock
Nathaniel Peardon Garrett — Jones Day, Respondent
Sixty-01 Association of Apartment Owners
Stephen M. Smith — Sound Legal Partners, PLLC, Petitioner