Legal Question in Bankruptcy in Louisiana

chapter 13 bankruptcy law

i am the secretary/treasurer of a condominium association. one of our unit owners has not paid her monthly condo dues for several months. she recently stated that she is filing chapter 13 bankruptcy. the association has not been notified of such filing nor have we been advised of a meeting of creditors. i would like to know if the condo association is entitled to full payment of the past due condo dues under priority section 507 or any other section of the law. also, is there anything i should do to make sure that we are included in this bankruptcy procedure. i sincerely appreciate your help in this matter.

Asked on 5/31/04, 1:35 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: chapter 13 bankruptcy law

Dear LawGuru Friend,

Until you receive some notice from the bankruptcy court, you should proceedi just as you would normally do if you had not even heard of any possiblity of bankruptcy relief. If and when you get a bankruptcy notice, I am sure it will include some instructions as to how you are to proceed in filing your proof of claim under the Chater 13 proceeding. Just telling you over the phone that the creditor has or plans to seek relief under Chapter 13 is not sufficient to enjoin you from your usual collection and enforcement procedures. Best of luck!


Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 5/31/04, 1:59 pm

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