QUESTION
Are Home Owners Association HOA dues typically discharged in bankruptcy?
Asked on Feb 15th, 2011 on Bankruptcy - California
More details to this question:
If bankruptcy is declared, are HOA dues discharged and moving forward must the HOA dues be paid after declaring bankruptcy?
5 ANSWERS
William C. Gosnell
Yes, they are usually discharged.
Answered on Feb 21st, 2011 at 2:47 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Post-petition HOA dues are generally discharged in a bankruptcy case; however, post-petition HOA fees continue to be the liability of the person on title to the property. So, if you are on title, you are liable post-petition until the property gets foreclosed or title is transferred to somebody else bankruptcy attorneys are devicing solutions for this problem.
Answered on Feb 16th, 2011 at 2:27 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Pre bankruptcy HOA debt may be discharged unless the HOA has a lien recorded. Post-petition HOA fees are new debts that are not discharged.
Answered on Feb 15th, 2011 at 3:58 PM
Bankruptcy Attorney serving Victorville, CA
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Law Offices of Lady Justice
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No HOA dues cannot be discharged.
Answered on Feb 15th, 2011 at 3:28 PM
judith runyon
if they have Lien on your property they are secured and secured debts are not dischargeable in a ch. 7. Otherwise only the amount of HOA dues that you actually owe at the time of filing the bankruptcy are discharged.
Answered on Feb 15th, 2011 at 3:13 PM