QUESTION
Can I file association fee on town house in bankruptcy?
Asked on Mar 26th, 2013 on Bankruptcy - California
12 ANSWERS
Association fees are only dischargeable if you no longer live in the property.
Answered on Apr 16th, 2013 at 12:00 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, you can for the outstanding, but the any post petition charges by the HOA are still due and owing, unless you have vacated and surrendered the Property.
Answered on Mar 27th, 2013 at 10:31 AM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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Yes, you MUST list the Association Fees in a bankruptcy. Any past due amounts are probably dischargeable. Fees that come due after you file are usually not dischargeable.
Answered on Mar 26th, 2013 at 11:59 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on your intention as to the house, the law of the state where the house is located and the contract you have with the homeowner's association. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Mar 26th, 2013 at 11:49 PM
Deborah F. Bowinski
HOA fees that are owed before a bankruptcy is filed can be discharged, however the association will almost certainly retain a lien against the property. That means that if you wish to stay in your home the fees will eventually have to be paid before you can ever refinance or sell the property.
Answered on Mar 26th, 2013 at 1:36 PM
If you owe past HOA dues, you must include this debt in your bankruptcy, but if you wish to keep your townhouse,you may have to pay this debt after the bankruptcy is completed as is may be a secured debt. Without reviewing the facts, I am not able to answer you for sure one way or another.
Answered on Mar 26th, 2013 at 1:36 PM
2 Awards
HOA dues are nondischargeable. If you want to surrender the townhouse then the HOA must satisfy the pre bk filing amount due through the sale of the townhouse. The post filing amounts coming due will still be your responsibility until the townhouse is sold.
Answered on Mar 26th, 2013 at 11:05 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You can include past-due association fees in your personal bankruptcy and eliminate your personal liability for the fees.
However, in Illinois, the association may have recourse against the property and can file a lawsuit in Forcible Entry and Detainer to evict you from the property so that they can rent it to recover their past due fees.
In addition, most association covenants and by-laws include attorneys' fee provisions meaning that they can rent the unit to recover their attorneys' fees and court costs as well.
Answered on Mar 26th, 2013 at 11:05 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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If you want to continue living in the townhouse, you will need to pay the HOA fee. You can include the back payments in a Chapter 13 repayment plan and use that as a way to get caught up.
If you want to surrender the townhouse, you generally can discharge HOA fees up to filing BUT in most cases you would continue to be liable for the dues after the bankruptcy until the foreclosure of the unit is complete.
Answered on Mar 26th, 2013 at 11:04 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes. Your past personal liability for association fees will be discharged in bankruptcy. However, the association may put a lien on your home. Also, post petition fees will accrue that you will be liable for until the home is out of your name.
Answered on Mar 26th, 2013 at 11:04 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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When you file a bankruptcy petition, all of your debts need to be listed. However, you should be aware that while your pre-petition homeowner's association dues are dischargeable in your bankruptcy, as long as you are on title for the property, you will be liable for ongoing association dues.
Answered on Mar 26th, 2013 at 11:04 AM
Yes, but every new one after filing will be due again.
Answered on Mar 26th, 2013 at 11:04 AM