QUESTION
What do I do if a dismissed bankruptcy is charging me association dues?
Asked on Mar 07th, 2012 on Bankruptcy - Florida
More details to this question:
I have been dismissed from bankruptcy 2010 and now they are harassing me for back association dues. When one files, I thought all this was done and dismissed. We have surrendered the condo to the bank 3 years ago.
20 ANSWERS
Glen Edward Ashman
As I am sure your lawyer told you, the HOA dues AFTER the filing date until the lender forecloses must be paid by you.
Answered on Mar 29th, 2012 at 6:00 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Since your case was dismissed, you did not get your debts discharged. You would still owe the money. You may need to file again.
Answered on Mar 12th, 2012 at 4:24 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you owe homeowner association dues after filing bankruptcy and before foreclosure they must be paid.
Answered on Mar 12th, 2012 at 1:57 PM
Daniel James Wilson
You are responsible for post-petition HOA dues.
Answered on Mar 09th, 2012 at 11:47 AM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Dismissed and Discharged are 2 separate things that can happen to a Bankruptcy case. If your case was dismissed, they it was not complete and you are still liable for your debts. If you received a discharge, then your debts should be wiped out depending on the type of case filed. However, even if you received a discharge, there is a loop hole in the law as to home owners association dues. The Bankruptcy only discharges the dues that were due as of the filing. If there are dues that became due after you filed and the bank has not foreclosed, then you may be responsible for those dues.
Answered on Mar 09th, 2012 at 6:49 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Was your case completed and your received a discharge, or was it dismissed without a discharge? And if it was discharged, you could still owe association fees for the time after you filed bankruptcy. This is an exception to the discharge.
Answered on Mar 09th, 2012 at 5:41 AM
You must be sure to file the necessary paperwork to remove you from the condo association. Bankruptcy does not automatically do that. They will continue to bill you for post-petition fees until that is done.
Answered on Mar 08th, 2012 at 6:28 PM
If you mean "discharged" rather than "dismissed," then the HOA dues before you filed are subject to discharge but remain as a lien against the realty. You are responsible for all HOA fees due after your bankruptcy as long as your name remains on the deed.
Answered on Mar 08th, 2012 at 4:52 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You hired a bad attorney as he should have informed you that condo assoc. Fees post petition would not be discharged and would continue as long as you owned the property.
Answered on Mar 08th, 2012 at 4:45 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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If your debts were not discharged, then you still are responsible to pay them. If your case was dismissed, your debts were not discharged.
Answered on Mar 08th, 2012 at 4:31 PM
I assume you mean your bankruptcy was discharged. Dismissal means that your bankruptcy case was, essentially, thrown out without your debts being discharged. Even if you got a discharge, your HOA is permitted to collect post-charge dues from you as long as the condo is still titled in your name. This is a massive loop-hole that condo associations managed to convince Congress to give them. Just telling the bank that you're surrendering the condo isn't sufficient title to the condo has to be transferred to the bank, either through a foreclosures, short sale or deed in lieu. Banks are sometimes reluctant to foreclose on a condo precisely because they don't want to be responsible for the condo fees. Bottom line, unless the bank took title to the condo, your on the hook for HOA fees from the date you filed your bankruptcy onward.
Answered on Mar 08th, 2012 at 4:22 PM
Check and make sure the association dues were included in the bankruptcy. If they were, send them a copy of the Schedule F and tell them to decease.
Answered on Mar 08th, 2012 at 4:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is a difference between "dismissed" and "and discharged" so your question is impossible to answer in its present form. I would suggest you gather all of your paperwork, seek counsel and present the facts in order to gain a firm legal opinion.
Answered on Mar 08th, 2012 at 3:22 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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If your case was dismissed then you received no discharge and the HOA fees are owed. If discharged then you owe the HOA fees after you filed the bankrutpcy case even if you surrendered the property. There is a specific Bankruptcy Code section that says you owe the post-filing HOA fees even if you surrender the property so long as you still own the property (whether or not you occupy it or rented). That is why you should not file the bankruptcy case until after the foreclosure if possible. If your case was dismissed then you are lucky in that you can file again and get rid of the HOA fees up to the date of the foreclosure (assuming that has already happened). Otherwise, if no foreclosure yet then you might want to wait until after the foreclosure to file the bankrutpcy case if your last case was dismissed. You need to have a lawyer represent you and explain all this to you.
Answered on Mar 08th, 2012 at 3:20 PM
Bankruptcy Attorney serving Clayton, GA
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Gary C. Harris, P.A.
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Send it a copy of your discharge.
Answered on Mar 08th, 2012 at 3:20 PM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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Until the condo is foreclosed on you are usually responsible for condo association dues that existed after the filing of your bankruptcy. Once the bank forecloses then it or the new owner are then responsible for the dues.
Answered on Mar 08th, 2012 at 3:13 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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If you were dismissed, your liabilities still exist. If you were discharged, your liabilities were discharged. HOA dues accruing after you filed are not dischargeable; fees before are.
Answered on Mar 08th, 2012 at 3:10 PM
A dismissal of a bankruptcy petition occurs when the Bankruptcy court determines the debtor should not be allowed a discharge of dischargeable debts. If your bankruptcy is successful, and your debts and obligations are wiped out in the proceeding, you receive a discharge. You should contact your bankruptcy attorney or another bankruptcy attorney about this matter. The association may be in violation of federal law for attempting to collect.
Answered on Mar 08th, 2012 at 3:09 PM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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I assume you mean a discharged bankruptcy, as opposed to a dismissed bankruptcy. While, pre-filing homeowner's association dues are dischargeable in a bankruptcy, dues that accrue post-filing are not. You would be responsible for any dues that accrue from the date of filing of the bankruptcy until the property is transferred out of your name via sale, foreclosure, etc.
Answered on Mar 08th, 2012 at 3:06 PM
Norman Linder Hull
According to the Bankruptcy Code, while you are discharged from any personal obligation to pay HOA dues which existed before the filing of the bankruptcy case, you are liable for HOA dues or condo fees after the filing and as long as you own the residence. Also, the discharge of your personal obligation does not keep the HOA from foreclosing on the residence (as opposed to seeking a personal judgment against you for pre-bankruptcy HOA dues or fees).
Answered on Mar 08th, 2012 at 3:04 PM