QUESTION

After Filing bankruptcy and including my condo am I still liable to pay the HOA maintenance fees?

Asked on Jan 24th, 2013 on Bankruptcy - Florida
More details to this question:
The foreclosure process had begun. We decided not to wait. We left the home, moved to TN. After about 6 mo., we filed for bankruptcy, in which case the condo was surrendered. Our bankruptcy was discharged. The condo in FLa was auctioned to the bank. A certificate of title was issued with the banks name on it. No one has bought the property yet but the bank legally owns it. Do I still have to continue to pay HOA fess until someones' name is on a deed. FYI, we were always current with the fees.
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1 ANSWER

Consumer Bankruptcy Attorney serving Honokaa, HI at Barbara L. Franklin, Esq. Attorney at Law
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Under 11 U.S.C. section 523(a)(16) you are not discharged from post-petition association dues.    Section 523(a) lists a variety of debts that cannot be discharged in bankruptcy, including: … a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor's interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case[.] § 523(a)(16) (emphasis added)You should check the law in Florida bankrutpcy decisions, but if the bank is the holder of the title then you would not be holder of title and if you are not in possession and have no equitable title to the property, such as a redemption claim, then the debt should be discharged. 
Answered on Jan 25th, 2013 at 11:31 PM

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