QUESTION
Can my HOA collect fees after I filed Chapter 7?
Asked on Jan 29th, 2013 on Bankruptcy - Kentucky
More details to this question:
I filed Chapter 7 in 2012. At the time our HOA had a lien on our property for overdue fees, but the amount of the lien is less than what we owe now. We are now making plans to move--via deed-in-lieu with our mortgage company. Since this debt was listed when we filed Chapter 7, how much of the debt is discharged? Can my HOA collect the remaining balance due after we turn over the property? I am worried about yet another debt that we can't pay. Thank you for your assistance.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
Reviews not shown
3 Awards
This will depend in part on the laws of your state governing HOAs, but in most cases they will have a lien against your property and can recover from the property (to the extent there is equity) after the property is sold.
You are not responsible for any amounts owed prior to filing your Chapter 7 case. However, if you remained in the property, you are responsible for any dues that accrued after your bankruptcy case was filed and they can seek to collect from you for that portion as it was not discharged in your bankruptcy case.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Answered on Jan 30th, 2013 at 3:06 PM