|Title||n re Wiley, 16-15361 Memorandum Opinion|
David E. Rice
Debtor’s Counsel: Michael I. Gilbert Counsel for Council of Unit Owners of Waterford Landing Condominium: John M. Oliveri and Timothy J. Larsen Chapter 13 Trustee: Robert S. Thomas, II
A condominium requested termination of the automatic stay to, among other things, pursue an in personam collection action against the Debtor for unpaid condominium assessments and other post-petition charges. The Bankruptcy Court, David E. Rice, Judge, held that the Debtor’s obligation to pay post-petition condominium assessments and charges continues until the entry of discharge under § 1328(a), and upon entry of such discharge the condominium’s in personam remedies are discharged, following the reasoning of Carrollan Gardens Condominium Association v. Khan (In re Khan), 504 B.R. 409 (Bankr. D. Md. 2014) and the plain language of § 1328(a). Accordingly, the court granted limited stay relief to allow the condominium to obtain and enforce a judgment against the Debtor, but concluded that it was premature to permit enforcement of any such judgment against post-petition wages or other property of the estate.