In re Turner, 101 B.R. 751 (Bankr.D.Utah)
PUBLISHED
The court considered whether homeowner fees assessed after the filing of debtor's chapter 7 petition were a debt for which debtor had been released from personal liability by her chapter 7 discharge. Debtor listed the homeowners' association and its prepetition debt in her bankruptcy schedules, and indicated her intent to surrender the property from which the fees arose. The court determined that the association's claim against debtor for her proportionate share of common expenses had arisen when debtor purchased the property, and her obligation continued until she no longer owned the property. Thus, although the association's right to postpetition fees was unmatured and contingent when debtor's petition was filed, it was still a prepetition obligation that was discharged in debtor's bankruptcy. In this respect, the court specifically disagreed with a line of cases from the district of Colorado bankruptcy court.