Bankruptcy

Attorney Fees – How Do I Get a Court to Award Them to My Association and What is a Fee Shifting Provision?

Most states, including Wisconsin, follow the American Rule when it comes to attorney fees.  In simple terms, it provides that each side in a lawsuit is responsible for their own attorney fees (win or lose) unless: A statute or law provides otherwise; or A contract provides otherwise. Because the law recognizes your Association documents as […]

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Did Your Developer Go Bankrupt and Leave your Association Holding the Bag? Your Remedy May Lie Within the Developer Agreement

Even the best and most established real estate developers can face hard times, especially in the aftermath of recession and economic downturn, as we experienced a few short years ago. Many condominium and subdivision developments found themselves half completed, both in terms of units and homes built, and common area improvements (like streets and curbs)

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COVID-19 & Bankruptcy

The COVID-19 Pandemic has created a global economic crisis impacting individual unit and home owners, and the associations they comprise.  An unfortunate result will be an increase in bankruptcy filings.  Learn how to prepare and protect your Association now. Want to learn more about Wisconsin condominium and HOA law from experienced condo and HOA attorneys?

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Chapter 13 Bankruptcy – Can the Association’s Lien for Unpaid Assessments be Stripped Off? YES

In New Jersey, the United Stated Bankruptcy Court held in In re. Smiley, 569 B.R. 377 (2017) that a Unit Owner/Debtor can modify the Association’s lien and strip off all but the six month super lien allowed under the state’s condominium act.  The facts at the time were that the Association was owed $9,000 for

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