In re Parker

MEMORANDUM DECISION GRANTING SUMMARY JUDGMENT IN PART AND DENYING SUMMARY JUDGMENT IN PART

On July 28, 2017, this court conducted a hearing on respondents’ summary judgment motion in these consolidated contested matters. 1 Parker asserts that BCOA’s post-petition and post-discharge HOA fines, assessments, rent collection and annexations regarding her condominium unit violated the automatic stay and the discharge injunction imposed by her Chapter 13 bankruptcy and Chapter 13 discharge. Parker seeks damages under Bankruptcy Code §§ 105 and 362(k) for BCOA’s allegedly willful violation of the automatic stay and allegedly knowing violation of the discharge injunction. All appearances were made on the record. For the reasons stated below, the court grants summary judgment in part and denies' summary judgment in part.

Virtually all of the underlying acts and incidents are well documented and undisputed. What is not so clear is the significance of some of these acts and incidents, and whether they constitute stay/discharge violations. The pertinent documentation is primarily found in the exhibits that are attached to Parker’s original automatic stay and discharge violation motions. 2…