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11 U.S.C. 523 provides discharge will not be allowed (16) for a fee or assessment that becomes due and payable
after the order for relief to a membership association with respect to the debtor's interest in a dwelling unit
that has condominium ownership or in a share of a cooperative housing corporation, but only if such fee or
assessment is payable for a period during which - (A) the debtor physically occupied a dwelling unit in the
condominium or cooperative project; or (B) the debtor rented the dwelling unit to a tenant and received
payments from the tenant for such period, but nothing in this paragraph shall except from discharge the debt of a debtor for a
membership association fee or assessment for a period arising before entry of the order for relief in a
pending or subsequent bankruptcy case.
Ohio Bankruptcy Fees - In Practice
Fees charged by condominium associations must be paid. Further, when protected by a consensual lien, the full
amount must be paid to avoid foreclosure.
The operation of law pertaining to federal debt relief is complex. State law statutes, federal rules, and
decisions rendered by courts combine to establish a local standard for Ohio Bankruptcy Courts. Anyone who
considers filing should, at a minimum, balance short term requirements to long term benefits. Each debtor is
different. The most valuable benefits are a personal choice, with availability dependent upon the application of
law to unique circumstances.
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