Are Home Owners Association HOA dues typically discharged in bankruptcy? How? 9 Answers as of August 12, 2015

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

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, if they don't have a lien. You are responsible for post filing HOA fees.
Answer Applies to: California
Replied: 8/12/2015
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Yes but not the ones post filing for bankruptcy.
Answer Applies to: New York
Replied: 8/11/2015
Ronald K. Nims LLC | Ronald K. Nims
HOA due are dischargeable unless they have filed a lien. If they have filed a lien, they're usually dischargeable in Chapter 13 but not in Chapter 7. As long as you're still the owner of the home, you're liable for the HOA dues after the bankruptcy.
Answer Applies to: Ohio
Replied: 8/10/2015
Garner Law Office
Garner Law Office | Daniel Garner
All the dues owed on the date of filing are subject to bankruptcy discharge, but if they obtained a lien on your property, then filing bankruptcy alone does not remove the lien. You remain liable for HOA dues accruing after you file bankruptcy until you get the property out of your name.
Answer Applies to: Oregon
Replied: 8/10/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
HOA are dischargeable prior to your filing and accrued HOA after filing is still due.
Answer Applies to: New York
Replied: 8/10/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Typically, HOA dues are secured, and like any secured debt, while it can be discharged in bankruptcy, if you do not pay, you will lose the property.
    Answer Applies to: Nevada
    Replied: 8/10/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Pre petition HOA dues are discharged in bankruptcy. All dues accumulated after the date of filing are not discharged. If you're letting the property go then it's best to wait to file until after foreclosure or other transfer of title. If you're keeping the property, then you must pay the dues after you file the case. Most HOAs are very aggressive about collection. Make sure you identify your check as to what time frame the funds are to be applied to.
    Answer Applies to: California
    Replied: 8/10/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Depends on many factors. You should consult with an attorney.
    Answer Applies to: Florida
    Replied: 8/10/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    HOA fees are discharged in bankruptcy as to personal responsibility, but they have no effect on liens on real property that are placed before the BK filing. Post-filing fees are not discharged and will be both a personal debt as well as a potential lien once the debt exceeds four figures.
    Answer Applies to: California
    Replied: 8/10/2015
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