QUESTION

Do I still need to pay Home Owners Association fees after Chapter 7?

Asked on Jul 19th, 2013 on Bankruptcy - Colorado
More details to this question:
After being discharged from Chapter 7 and surrendering my condominium in the state of New Jersey, am I responsible for the HOA/maintenance fees if I am not living in the condominium? It is empty, and still in my name. It has not been foreclosed on yet.
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9 ANSWERS

Corporate & Incorporation Attorney serving Huntersville, NC at Elliott Law Firm, P.C.
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Post petition HOA dues are not discharged. So long as the property remains in your name, you are liable for post petition HOA dues.
Answered on Jul 25th, 2013 at 2:38 AM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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Yes, you are. Our firm has a company sets up that you can deed things like this to. I'm not sure if that's legal where you are.
Answered on Jul 25th, 2013 at 2:38 AM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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Home Owner Associations have a specific exception from discharge for HOA fees incurred after the filing of a petition and before title passes to a new owner. They should be able to collect from the new owner by placing a lien on the property, which would have to be paid before title is transferred to a new owner. However, many HOAs choose to collect from the previous owner instead and litigating with them about this usually is more expensive than simply paying on time; otherwise, you may have an adverse event in your credit report which would partially eliminate the benefit of starting to re-build your credit ranking with a clean slate after receiving a discharge. To comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
Answered on Jul 25th, 2013 at 2:38 AM

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Yes. Debts incurred post petition are typically something a Debtor can be liable for. HOA fees are a common issue that arise until a property is properly foreclosed and transferred to another party.
Answered on Jul 25th, 2013 at 2:38 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Any debts that are run up after you file a bankruptcy are not considered to be covered by the discharge. It would be a pretty slick trick to get away with something like that, and the bankruptcy law does not allow this.
Answered on Jul 25th, 2013 at 2:38 AM

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Regulatory Attorney serving Spokane, WA
Yes if you wan too stay in your condo. Anything due after the date of discharge is a new debt.
Answered on Jul 25th, 2013 at 2:38 AM

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Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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You are obligated to pay HOA assessments/dues as long as you are on title, whether you occupy the unit or not. The assessments/dues that accrued prior to your bankruptcy filing would have been discharged in your bankruptcy.
Answered on Jul 25th, 2013 at 2:38 AM

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Deborah F. Bowinski
Yes. Post-petition HOA fees are not discharged in bankruptcy.
Answered on Jul 25th, 2013 at 2:37 AM

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If you surrendered it in the bankruptcy the fees are the mortgage lenders responsibility. Contact your attorney regarding this.
Answered on Jul 25th, 2013 at 2:37 AM

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