QUESTION
After chapter 7, can association collect on debt prior to bankruptcy?
Asked on Apr 01st, 2013 on Bankruptcy - Georgia
More details to this question:
I filed for Chapter 7 and have been discharged. My apartment has an offer through a short sale. I have been paying on the maintenance and lease rent fees to current. Can the association collect on the debt prior to my filing and then continue to incur more fees?
7 ANSWERS
2 Awards
The hoa cannot collect pre filing moneys due but can collect post filing moneys due. The hoa can always lien the property and be paid from the proceeds.
Answered on Apr 03rd, 2013 at 9:16 PM
David John Tybor
If you "surrendered" your home in the bankruptcy, the association cannot try to collect the pre-filing amount that you owed to them. However, they can collect and you are liable for any fees that accrue post-filing, or after the date that you filed the case. So for example, if you filed a bankruptcy 3 months ago and received a discharge, you are not liable for the fees that you owed prior to the filing, but you are liable for the amount since the date of filing, until the home is transferred out of your name.
Answered on Apr 02nd, 2013 at 9:01 PM
Deborah F. Bowinski
If you are asking about HOA fees or condominium fees then the pre-bankruptcy amounts owed were discharged. However, the association retains their lien against the property. They do not have to release the lien unless it is satisfied.
Answered on Apr 02nd, 2013 at 8:10 PM
Bankruptcy Attorney serving Plantation, FL
at
Moffa & Breuer, PLLC
Update Your Profile
The answer is simple, but understanding the answer is harder. The Association cannot try to collect any pre-bankruptcy debt from YOU, however, the Association may try to collect from the property. Therefore, while you don't have to pay them for the pre-bankruptcy fees, they are not forbidden from looking to the proceeds of the sale for their amounts due. If they had a lien pre-bankruptcy for pre-bankruptcy fees/dues, they could foreclose on the property. Hope this helps.
Answered on Apr 02nd, 2013 at 7:58 PM
Bankruptcy Attorney serving Los Angeles, CA
at
Law Offices of Raymond H. Aver, A Professional Corporation
Update Your Profile
Yes. Fees and assessments that become due and payable post petition with respect to a debtor's interest in a dwelling unit that has condominium ownership or ownership through a share in a cooperative housing corporation are not dischargeable. While the pre petition fees and assessments are dischargeable, the post petition fees and assessments are not for as long as the debtor has a legal, equitable or ownership interest in the condominium unit or share of the cooperative.
Answered on Apr 02nd, 2013 at 12:44 PM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
They can't collect against you personally but they can against the condo.
Answered on Apr 02nd, 2013 at 12:44 PM
Bankruptcy Attorney serving Atlanta, GA
at
Saedi Law Group, LLC
Update Your Profile
Your chapter 7 case will discharge those HOA dues that were due before filing. Any dues that have accrued since filing are post-petition debt and must be paid.
Answered on Apr 02nd, 2013 at 12:43 PM