United States Third Circuit

The bankruptcy court and the district court erred in holding that the debtor's homeowners association had a valid statory lien on the debtor's residence pursuant to the Pennsylvania Uniform Planned Community Act (UPCA), which the Association had enforced by obtaining judgments in debt against the debtor in state court, where this Court predicts that the Pennsylvania Supreme Court would hold that an action in debt does not constitute a proper method to enforce a statutory lien under the UPCA, and that the debtor may avoid the Association's claims in bankruptcy.

Appellate Information

• Decided 06/09/2014
• Published 06/09/2014

Judges

• HARDIMAN

Court

• United States Third Circuit

Counsel