QUESTION
Do I have to hire an attorney for my bankruptcy?
Asked on May 05th, 2011 on Bankruptcy - California
More details to this question:
What is the next step in our bankruptcy? My foreclosure has now gone to civil court, as the mortgage companies gave the ok to proceed with a short sale. I'm ready to go sign the paperwork this week. I never reaffirmed my 2 mortgages in my bankruptcy. That was my previous question, can they come after me for any monies since I did not reaffirm? All answers indicated no, they can't. Today I received court papers from the homeowners association. They're taking me to court for my association fees. I paid in Sept and left the home on Oct 1st. I believe the bank now owns the home. Can they hold me responsible for the fees? Must I hire an attorney?
6 ANSWERS
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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Surrendering a condo is tricky, especially when it comes to your obligation for homeowners association fees. Most HOA obligations prior to filing bankruptcy are dischargeable. However, HOA debt incurred after filing may be your responsibility unless you no longer have a legal, equitable or possessory interest in the unit.
Answered on May 11th, 2011 at 9:16 AM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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If you feel your situation is complicated enough you may hire an attorney. You dont have to hire an attorney if you do not wish to, however, if you do not feel comfortable dealing with your lenders, you may proceed to hire one. If you file bankruptcy, you may discharge all the claims including your HOA fees since you have lost the house. As for hiring an atty for your BK, as earlier stated its entirely up to you. If you feel you can file BK pro se, then go ahead, if you feel you may not be able to navigate through all the legal issues involved, then hire an attorney.
Answered on May 10th, 2011 at 10:08 AM
You are not responsible for the mortgage as it was discharged in the bankruptcy without reaffirmation, but you are responsible for HOA dues that came due before the deed transferred via the short sale.
Answered on May 09th, 2011 at 10:17 AM
William C. Gosnell
Yes you must hire a lawyer. It’s too complicated for most people to plow through the bankruptcy code. You are not liable for the homeowner’s fees.
Answered on May 09th, 2011 at 10:02 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There are special provisions in the bankruptcy code that give protections to HOA's that others don't have. The HOA fees incurred after bankruptcy until the property is no longer owned by you are owed. It doesn't matter whether you move out at an earlier time than foreclosure or short sale.
Answered on May 09th, 2011 at 10:01 AM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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They can hold you liable for HOA fees until the time your name is no longer on title. You should pay the post-petition fees or your post-petition credit may be harmed.
Answered on May 06th, 2011 at 11:10 AM