Can the home owner’s association come me after I did a chapter 7 discharge? 18 Answers as of October 20, 2014

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Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
HOA dues are your responsibility until the property is no longer in your name.
Answer Applies to: California
Replied: 10/20/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you owe post petition HOA fees for as long as you are in the property.
Answer Applies to: California
Replied: 10/20/2014
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
Your personal liability on the dues owed prior to file should be discharged. However, you will owe post-petition dues on the property that you own.
Answer Applies to: Nebraska
Replied: 10/17/2014
Ronald K. Nims LLC | Ronald K. Nims
Only for fees imposed after the discharge.
Answer Applies to: Ohio
Replied: 10/17/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Depending upon the state the association dues prior to the bankruptcy filing would be dischargeable. Those following the filing would be dischargeable after title is transferred.
Answer Applies to: Minnesota
Replied: 10/16/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    hour are responsible for HOA dues after you filed your case and until the property is foreclosed upon. The HOA can pursue collections for unpaid dues that fall into those parameters.
    Answer Applies to: California
    Replied: 10/16/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you are liable for all HOA fees due after your bankruptcy filing date.
    Answer Applies to: New York
    Replied: 10/16/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    There is not enough information here to be able to answer your question. Do you still own the property? Have you made the payments for any post-petition HOA fees that have come due? In general, if you are surrendering the property then all HOA fees from before your bankruptcy filing date will be discharged. However, as long as the property remains titled in your name you remain obligated for all HOA fees and assessments from the filing date of your bankruptcy case up until the time title to the property is transferred out of your name by sale or by foreclosure. If you are remaining in the property, then all HOA fees are likely secured by the property and will ultimately have to be paid.
    Answer Applies to: Colorado
    Replied: 10/16/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes, for any HOA fees after the date of your Chapter 7 filing. Until title to the property transfers, you will be liable for these HOA fees.
    Answer Applies to: Colorado
    Replied: 10/16/2014
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    Possibly. It depends on what they're coming after you for. If you have unpaid post-petition dues, they are entitled to collect. If they have a lien on your house for whatever reason, that lien will survive the bankruptcy, unless you successfully stripped the lien from your house in the bankruptcy. Your HOA cannot come after you for debts that were properly discharged in your bankruptcy, but if they have a lien on your house, they can enforce that lien and possibly foreclose.
    Answer Applies to: Colorado
    Replied: 10/16/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The HOA can come after payment if they had a lien on the property before the bankruptcy was filed by foreclosing on the property. The HOA can come after you for payment for fees accrued after the bankruptcy was filed.
    Answer Applies to: Nevada
    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
    Your HOA cannot seek to recover on a debt that was properly scheduled on your petition, however, if it had a lien on your property before you filed, that lien will remain post-discharge. If you then try to sell or refinance the property, the lien will have to be satisfied. Talk to your bankruptcy lawyer and determine if there are grounds to strip the lien to avoid this outcome. Good luck.
    Answer Applies to: California
    Replied: 10/16/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    This will depend on whether you have surrendered the property or if you intend to keep the property. If you have surrendered the property, then the HOA would be violating the Order by trying to collect from you. If you intend to keep the property, the HOA likely has the right to attach a lien to the property and ultimately foreclose on the property if the outstanding balance is not paid.
    Answer Applies to: Texas
    Replied: 10/16/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes for the dues that are owed after you file the bankruptcy but before the mortgage company forecloses.
    Answer Applies to: Michigan
    Replied: 10/16/2014
    Russell & Heffner, LLC | Lawrence E. Heffner, Jr.
    Post-petition homeowners association dues are not discharged in bankruptcy. You will continue to be responsible for these dues until the property is transferred.
    Answer Applies to: Maryland
    Replied: 10/16/2014
    Berlin Patten, PLLC
    Berlin Patten, PLLC | Jessica Stewart
    When you file bankruptcy, your homeowner's dues incurred prior to the date of filing will be discharged. Dues or assessments accrued after the date of filing will be your responsibility as they are considered "post-petition debt".
    Answer Applies to: Florida
    Replied: 10/16/2014
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