I have a lawsuit from the condo association, that was listed as a creditor on my chapter7 bankruptcy.They are asking for past condo fees, gas bills, attorney fees, 3600 dollars.My bankruptcy attorney will not give me a straight answer if I will owe or not. I live 600 miles from Maryland and need an answer soon. Any help would be great.
Are you being sued for amounts owed prior to your bankruptcy case being filed, or amounts that accrued after? Are you still living in the property? If not, when you left did you inform the HOA and provide them your keys?
The answer to your question depends on the above, as well as the laws regarding homeowners' associations in your state. You are clearly not liable for any dues that accrued prior to filing your bankruptcy case, but you may be liable (depending on your answers to the above) for those that accrued after, as long as you are still on title to the property and enjoying use of the common areas, etc.
If your bankruptcy attorney is not giving you a sufficient answer, try hiring a different one.
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.
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