Fustolo v. The Patriot Group LLC

(United States First Circuit) – Reversed a bankruptcy ruling that allowed a creditor to amend its pleadings belatedly. The bankruptcy debtor argued that the creditor should not have been permitted to inject a new theory supporting discharge denial at the eleventh hour based on previously available facts. On appeal, the First Circuit agreed, holding that the allowance of the belated amendment failed to satisfy due process and therefore was an abuse of discretion.

Goudelock v. Sixty-01 Ass’n of Apartment Owners

(United States Ninth Circuit) – Reversed summary judgment in favor of a condominium association seeking assessments that became due after a condominium owner filed for Chapter 13 bankruptcy. In reversing and remanding, the Ninth Circuit held that condominium association assessments that become due after a debtor has filed for Chapter 13 bankruptcy are discharged upon confirmation of the plan.