QUESTION
Can I file bankruptcy if I am behind on HOA fees, association has put a lien on my home and approx. $13,000 including attorney fees?
Asked on Aug 01st, 2013 on Bankruptcy - Colorado
9 ANSWERS
Sanford M. Martin
Yes, you can file Chap 7 or 13 bankruptcy, however your decision to file should consider other benefits or disadvantages. Your decision should consider all your debts, income, ability to pay debts, and likely future changes expected. Realize that a HOA lien can be discharged through bankruptcy but the HOA, like the mortgage lender, can institute foreclosure on such secured debt if you don't reaffirm the debt, resulting in the foreclosure of your home despite the bankruptcy discharge of certain debts.
Answered on Aug 16th, 2013 at 11:41 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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You need to consult with a bk attorney to see what your goals in the bk would be and if bk is the right thing to do in light of your goals. Last thing you want to do is file a bk and not gain a significant advantage.
Answered on Aug 16th, 2013 at 11:41 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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What is the two week deadline? Is it a sheriff sale?
Answered on Aug 16th, 2013 at 11:41 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes you can file.
Answered on Aug 16th, 2013 at 11:41 PM
Yes, if you file bankruptcy you can include those HOA fees and they will be discharged. However, whatever fees are incurred after the date you file your bankruptcy will be your responsibility. As long as you are the legal owner of the property you are liable for the HOA fees that are incurred after your bankruptcy case is filed.
Answered on Aug 16th, 2013 at 11:40 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can file a bankruptcy. You have to list all creditors and all debts.
Answered on Aug 16th, 2013 at 11:40 PM
Deborah F. Bowinski
Yes, you can file bankruptcy. But if you wish to stay in your home you will most likely have to find a way to catch up on the HOA fees and to stay current with each new monthly assessment. A chapter 13 may help you get caught back up if need be. You should consult with a bankruptcy attorney. Yours is not a simple situation so I do not advise filing a case without the benefit of attorney assistance.
Answered on Aug 16th, 2013 at 11:40 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Secured debt goes through bankruptcy unaffected. They can foreclose on your home if you don't pay.
Answered on Aug 16th, 2013 at 11:40 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Delinquent association fees can be paid in a chapter 13 plan over 5 years. Additionally, if your home is worth less than the balance of the first mortgage, the association lien for the past due amount can probably be eliminated as a lien on the home. You should consult an attorney about the details of your case.
Answered on Aug 16th, 2013 at 11:40 PM