(Bankr. S.D. Ind. Feb. 15, 2017)

The bankruptcy court enters judgment in favor of the debtor and against the home owners’ association but does not award any damages. The debtor argued the HOA violated the discharge injunction when it attempted to collect post-petition dues from the debtor. The debtor intended to surrender the property, but it was not clear whether the debtor had ceased occupying the residence based on evidence presented. The court finds that the HOA may have technically violated the discharge injunction but had proceeded in good faith and pursuant to a reasonable interpretation of applicable law. Opinion below.

Judge: Carr

Attorney for Debtor: Mark S. Zuckerberg

Attorney for Defendant: Thrasher Buschmann & Voelkel, P.C., Stephen Robert Donham

2017-02-15-in-re-hovious