Can a HOA attorney still sue you for their fees after bankruptcy? 4 Answers as of April 11, 2011

We recently filed Chapter 7 and was discharged from all of our debt on 1-06-2011. Today 4-06-2011 We received an amended motion for in rem final summary judgment of foreclosure and motion to tax cost and attorneys fees. The HOA attorney has filed this requesting his fees be paid that they acquired prior to our bankruptcy. Can they legally do this and be awarded a summary judgment?

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Benson Law Firm
Benson Law Firm | David Benson
This is a rather complex area and the answer to your question depends on certain factual issues. You should discuss this matter with a qualified attorney. Remember, an in rem action is against the property and may not be brought against you personally.
Answer Applies to: Ohio
Replied: 4/11/2011
Bankruptcy Law Office of Robert Weed
Bankruptcy Law Office of Robert Weed | Robert Weed
They can collect from the date the BK was filed, but not before. Going after before is a violation. You want to fight that.
Answer Applies to: Virginia
Replied: 4/8/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
They can not get fees and costs for services prior to the bankruptcy, unless they had a lien. The "in rem" referred to in your question tells me they had a lien. The can go after the property to satisfy the lien but they can't make you pay money. You should consult with a local attorney. This does not sound like a California case and I am only licensed in California.
Answer Applies to: California
Replied: 4/8/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
It depends on whether you have maintained any interest in the real property. If you have then the HOA dues are non-dischargeable. If you surrendered the property prior to filing the Chapter 7 Petition, then your personal liability was discharged and you should consult with an attorney about filing a motion to enforce the discharge injunction against the HOA.
Answer Applies to: California
Replied: 4/8/2011
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