Condo Association was Bound by Confirmed Chapter 13 Plan where it Failed to File a Claim, and Objected Only After the Debtor Completed the Plan Payments

Condo Association was Bound by Confirmed Chapter 13 Plan where it Failed to File a Claim, and Objected Only After the Debtor Completed the Plan Payments

The confirmed the Debtor’s Chapter 13 plan commonly referred to as a “cure and maintain” plan. In the plan, the Debtor listed the amount of the prepetition arrearage she believed she owed to the Association. The plan provides for monthly payments to cure that arrearage over the life of the plan and provides for payment of the regular Association payments each month.

The Debtor  completed plan payments under a 60-month plan. The plan provides for a cure of prepetition debt owed to her condominium association and for regular monthly payments of her association fees. The questions addressed in this Order arise from an order deeming the debtor current on all obligations due the association.

The motion before the Court is the “Association’s Expedited Motion for Relief. In the Motion, the Association seeks relief from a Court order  that, as amended, provides that “[t]he Debtor is current on all her payments due to the Association . . . including any special assessment payments through July of 2017.”  (the “Order Deeming Debtor Current”).

The Association has not challenged or moved for relief from the Order Confirming Chapter 13 Plan (the “Confirmation Order”).  Rather, it simply seeks relief from the Order Deeming Debtor Current.

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