Are Home Owners Association HOA dues typically discharged in bankruptcy? 10 Answers as of February 21, 2011

If bankruptcy is declared, are HOA dues discharged and moving forward must the HOA dues be paid after declaring bankruptcy?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes, they are usually discharged.
Answer Applies to: Tennessee
Replied: 2/21/2011
Rhonda R. Werner Schultz, PL
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
HOA dues that have accrued as of the date of filing bankruptcy can be discharged, however, the ongoing obligation will continue to accrue after date of filing until the house is sold at short sale or in foreclosure. The HOA dues are the owners' responsibility until a new owner takes over the property.
Answer Applies to: Wisconsin
Replied: 2/17/2011
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
Post-petition HOA dues are generally discharged in a bankruptcy case; however, post-petition HOA fees continue to be the liability of the person on title to the property. So, if you are on title, you are liable post-petition until the property gets foreclosed or title is transferred to somebody else bankruptcy attorneys are devicing solutions for this problem.
Answer Applies to: California
Replied: 2/16/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
HOA is typically discharged in bankruptcy. However, any HOA dues owed after the filing of the BK while the property is under debtor's name can be legally collected by creditor (HOA). Meaning, until bank or another party takes over house through short sale, foreclosure or the like, debtor is still responsible for HOA dues (post filing) even if debtor no longer resides. It's up to HOA whether they want to collect them.
Answer Applies to: California
Replied: 2/15/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Pre bankruptcy HOA debt may be discharged unless the HOA has a lien recorded. Post-petition HOA fees are new debts that are not discharged.
Answer Applies to: California
Replied: 2/15/2011
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