Bankruptcy Rules Requires More Steps for Associations

Loura K. Sanchez | Wednesday, January 2, 2013 | Colorado Community Association Law

We have seen a new trend in Chapter 13 bankruptcy cases which is requiring associations to do more work to protect their interests.  Many bankruptcy courts are now requiring secured creditors, like associations, to file a notice with the bankruptcy court if the amount of assessments to be paid under or outside a plan changes.  The rules require 60 days advance notice before the change can be effective and the owner becomes responsible for making such increased assessment payments.  This means that associations should 1) notify counsel if assessments are increasing; 2) be aware that if they don’t notice the bankruptcy court the owner will not be required to pay the increase; 3) give owners notice of the increases, even if the account is turned over to an attorney. For more information about Chapter 13 bankruptcy read our article entitled “Bankruptcy Overview”.

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