QUESTION

I filed for bankruptcy in 2009. In 2013 I am being sued for HOA fees for the time after the BK was filed until foreclosure.

Asked on Jul 15th, 2013 on Bankruptcy - Arizona
More details to this question:
My attorney did not tell me that I was responsible for this. I called my attorney and she has since started a new firm. She will not represent me even though she was the lawyer back in 2009. What should I do?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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I'm sure your prior attorney is not the only bankruptcy attorney in your area (and if she is, let me know where that is and I'll move there and set up shop!).   Find a different attorney and have a consultation to see what your options are.  (Click Here for more information on hiring a bankruptcy attorney) You are responsible for the HOA fees incurred after your bankruptcy case was filed until the property is foreclosed.  Sometimes you can have these reduced or eliminated if you were not residing in the property and "enjoying" use of the facilities and common areas. If more than four years have passed since your prior Chapter 7 case, You can always file a Chapter 13 case and do a minimal monthly repayment to deal with the HOA dues.  You could end up only having to pay a fraction of what is owed. Good luck! 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 Jul 15th, 2013 at 10:02 PM

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