Am I responsible for that debt even after the discharge? 14 Answers as of October 20, 2014

I have a discharged chapter 7 completed on 3/10/102012. Now, HOA wants to collect fees. I have not been in the home since 8/2011 when HOA kicked me out with sheriff. What can I do? I don’t have that kind of money.

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Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
HOA dues incurred after filing are post-petition debts and you would be responsible if the property were still in your name. However, if you were evicted prior to the fling it would appear that the property was not in your name and you would not be responsible. You should contact your bankruptcy lawyer. Also, you could research with the county recorder when the property was taken out of your name. If it was prior to filing contact the United States Trustee and notify them of creditor abuse.
Answer Applies to: California
Replied: 10/20/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You owe post petition HOA fees *if* you were in the property.
Answer Applies to: California
Replied: 10/20/2014
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
This is a common situation, often called a zombie foreclosure. The homeowner has assumed that the mortgage company has foreclosed and leaves the property. If the mortgage company neglects to foreclose, the homeowner remains liable for homeowner dues as well has fines assessed by the municipality for failing to maintain the property.
Answer Applies to: Nebraska
Replied: 10/17/2014
Ronald K. Nims LLC | Ronald K. Nims
The fees that were owed on the date you filed bankruptcy have been discharged however, any fees since the bankruptcy are your obligation. Generally, homeowners associations secure their fees by putting a lien against the property, not suing the owner.
Answer Applies to: Ohio
Replied: 10/17/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
All debts existing at the time of the filing should be dischargeable as long as you did not sign a reaffirmation agreement.
Answer Applies to: Minnesota
Replied: 10/16/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You are liable for all HOA fees after you filed.
    Answer Applies to: New York
    Replied: 10/16/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Unfortunately I would need a lot more information. You may have to pay a lawyer to get good advice.
    Answer Applies to: Colorado
    Replied: 10/16/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes HOA fees incurred after filing is considered new debt and not discharged in bankruptcy.
    Answer Applies to: New York
    Replied: 10/16/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    When did the fees accrue? It would have helped if you had indicated that vital piece of information to the volunteer lawyers trying to assist you. Once you file bankruptcy, you cannot continue to run up debt afterwards and include it in your bankruptcy. Bankruptcy isn't a free ride on paying debts for the rest of your life. In addition, if the debt was run up before you filed bankruptcy, the HOA may have filed a lien against the property which will allow them to sell the property to repay the debt.
    Answer Applies to: Nevada
    Replied: 10/16/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    You will be responsible for all HOA dues from the time of filing your case until the time the house went through foreclosure. You will not be responsible for any dues that were incurred before filing your case.
    Answer Applies to: California
    Replied: 10/16/2014
    Westgate Law
    Westgate Law | Justin Harelik
    You are liable for all HOA fees that came due from the date you filed your case until the date the property was sold. Those fees are not included in your bankruptcy.
    Answer Applies to: California
    Replied: 10/16/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You are responsible for the HOA fees after post petition until the foreclosure.
    Answer Applies to: California
    Replied: 10/16/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    After you file your petition, your personal liability for the assessments due as of that date will be discharged. However, if the HOA has a lien on the property, that lien will most likely remain on the property. Additionally, you will be liable for all assessments accrued after the date of filing, as long as you are on title.
    Answer Applies to: California
    Replied: 10/16/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    You are not responsible for the debt, however, if the HOA recorded a lien against the property before your case was filed, that lien will remain attached to the property and must be paid if you sell or refinance the property. Speak with your bankruptcy lawyer to see if there are any grounds to strip the lien. Good luck.
    Answer Applies to: California
    Replied: 10/16/2014
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