|Title||In re: Peterson, 16-13521 Memorandum Opinion|
David E. Rice
Debtor’s Counsel: Brett Weiss Counsel for The Newport Condominium Association, Board of Directors and Counsel of Unit Owners: Kathleen M. Elmore
A condominium requested termination of the automatic stay to pursue, among other things, an in personam collection action against the Debtor for unpaid post-petition assessments. Under the terms of the Debtor’s plan, which was confirmed without objection from the condominium or the secured lender, title to the condominium unit vested in the secured lender upon confirmation. The Bankruptcy Court, David E. Rice, Judge, held that, because the confirmed plan was binding on the parties, the condominium should be granted limited stay relief to obtain a judgment against the Debtor, but only for post-petition assessments that accrued prior to plan confirmation. The court further held that it was premature to allow enforcement of any such judgment against post-petition wages or other property of the estate, following the reasoning of Carrollan Gardens Condominium Association v. Khan (In re Khan), 504 B.R. 409 (Bankr. D. Md. 2014) and In re Wiley, 2018 WL 604401, __ B.R. __ (Bankr. D. Md. Jan. 26, 2018).