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Sixty-01 Association of Apartment Owners v. Penny D. Goudelock

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-35384 · judgment July 10, 2018

Certiorari denied · November 19, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

When a condominium owner files a Chapter 13 bankruptcy, some courts are extending the discharge of “debts” to eliminate all personal liability for future condominium assessments – even though the owner continues to reap the benefits from owning property in the community. This stretches the definition of a “debt” beyond recognition, abrogating fundamental laws of federalism, due process, and ripeness. Debtors are being given not just a “fresh start”, but a “free pass” in contravention of state laws that treat future assessments as a property interest flowing from a covenant running with the land. The questions presented are:

  1. Does the Bankruptcy Code discharge community association assessments that accrue after the filing of a Chapter 13 bankruptcy even if the debtor retains ownership of the real property?

  2. If the Bankruptcy Code discharges future community association assessments, does this violate the Takings or Due Process Clauses of the Fifth Amendment of the U.S. Constitution?

  3. If the Bankruptcy Code discharges future community association assessments, does this violate the ripeness doctrine?

Counsel of record

For petitioner
Stephen M. Smith
Sound Legal Partners, PLLC

For respondent
Nathaniel Peardon Garrett
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 21 2019
    MANDATE ISSUED.
  2. Jun 21 2019
    JUDGMENT ISSUED.
  3. Dec 27 2018
    Record received from the District Court of Wyoming, Sheridan County, Two boxes..
  4. Dec 10 2018
    Record requested from the District Court of Wyoming, Sheridan County.
  5. Nov 19 2018
    Petition DENIED.
  6. Nov 14 2018
    Brief amicus curiae of Community Associations Institute filed.
  7. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  8. Oct 23 2018
    Waiver of Penny D. Goudelock of right to respond not accepted for filing. (October 24, 2018 - to be corrected)
  9. Oct 23 2018
    Waiver of right of respondent Penny D. Goudelock to respond filed.
  10. Oct 09 2018
    Petition for a writ of certiorari filed. (Response due November 23, 2018)