QUESTION
Can the home owner’s association come me after I did a chapter 7 discharge?
Asked on Oct 15th, 2014 on Bankruptcy - New York
10 ANSWERS
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
HOA dues are your responsibility until the property is no longer in your name.
Answered on Oct 20th, 2014 at 4:24 PM
Your personal liability on the dues owed prior to file should be discharged. However, you will owe post-petition dues on the property that you own.
Answered on Oct 17th, 2014 at 11:21 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Only for fees imposed after the discharge.
Answered on Oct 17th, 2014 at 10:22 AM
Yes, for any HOA fees after the date of your Chapter 7 filing. Until title to the property transfers, you will be liable for these HOA fees.
Answered on Oct 16th, 2014 at 7:20 PM
Deborah F. Bowinski
There is not enough information here to be able to answer your question. Do you still own the property? Have you made the payments for any post-petition HOA fees that have come due? In general, if you are surrendering the property then all HOA fees from before your bankruptcy filing date will be discharged. However, as long as the property remains titled in your name you remain obligated for all HOA fees and assessments from the filing date of your bankruptcy case up until the time title to the property is transferred out of your name by sale or by foreclosure. If you are remaining in the property, then all HOA fees are likely secured by the property and will ultimately have to be paid.
Answered on Oct 16th, 2014 at 7:20 PM
The HOA can come after payment if they had a lien on the property before the bankruptcy was filed by foreclosing on the property. The HOA can come after you for payment for fees accrued after the bankruptcy was filed.
Answered on Oct 16th, 2014 at 7:19 PM
Derek W. Freeman
Possibly. It depends on what they're coming after you for. If you have unpaid post-petition dues, they are entitled to collect. If they have a lien on your house for whatever reason, that lien will survive the bankruptcy, unless you successfully stripped the lien from your house in the bankruptcy. Your HOA cannot come after you for debts that were properly discharged in your bankruptcy, but if they have a lien on your house, they can enforce that lien and possibly foreclose.
Answered on Oct 16th, 2014 at 7:19 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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Your HOA cannot seek to recover on a debt that was properly scheduled on your petition, however, if it had a lien on your property before you filed, that lien will remain post-discharge. If you then try to sell or refinance the property, the lien will have to be satisfied. Talk to your bankruptcy lawyer and determine if there are grounds to strip the lien to avoid this outcome. Good luck.
Answered on Oct 16th, 2014 at 10:12 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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After you file your petition, your personal liability for the assessments due as of that date will be discharged. However, if the HOA has a lien on the property, that lien will most likely remain on the property. Additionally, you will be liable for all assessments accrued after the date of filing, as long as you are on title.
Answered on Oct 16th, 2014 at 10:10 AM
Yes that is new debt incurred after filing for bankruptcy.
Answered on Oct 16th, 2014 at 8:18 AM