QUESTION
What is my best option to respond with the letter?
Asked on Sep 24th, 2013 on Bankruptcy - California
More details to this question:
I received a letter requesting my intentions to pay debt incurred from bankruptcy petition through 26 days after the Trustee Sale or a full 12 days (further attorney’s fees assessed) after the Trustee's Dead Recorded? The Home Owners Association received its full payment on the lien with the sale. Shouldn't this mean that there is nothing further to collect from me as the previous owner? Do I really owe? I can't afford this.
2 ANSWERS
Are you referring to the "Statement of Intent"? If so, it is not a promise to pay, merely how you intend to deal with secured debt, leases and executory contracts. Speak with your attorney for more information; he or she should have filed this document with your petition. Take care.
Answered on Sep 25th, 2013 at 12:17 PM
Personal Injury Attorney serving Glendale, CA
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I'm confused about your question. If you owned a home before filing bk, then any HOA fees were discharged. If after the bk, the home is still under your name, even if you don't live there, then you owe those post petition HOA fees. That's the general rule. Some attorneys have ways around this, others do not know about the rule etc. I am sorry this happened to you but this is why people need to hire attorneys.
Answered on Sep 25th, 2013 at 12:16 PM