Can homeowners association sue after bankruptcy? 16 Answers as of July 30, 2011

I didn't list them as a creditor when filing and now they are sending threatening letters to sue. What should I do?

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If you are keeping the home, you are responsible for the HOA fees.
Answer Applies to: Indiana
Replied: 7/23/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
They can sue, you should make arrangements to pay. Ask for details, but any charges after your filing date survive the bankruptcy.
Answer Applies to: Michigan
Replied: 7/22/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A Home Owners Association can sue for all dues that are payable after the bankruptcy is filed and before the real estate is transferred out of your name.
Answer Applies to: New Hampshire
Replied: 7/21/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
No.
Answer Applies to: California
Replied: 7/20/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Give them official notice of your bankruptcy filing.
Answer Applies to: California
Replied: 7/20/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    If you filed a chapter 7 bankruptcy and you forgot to list a creditor it will only present an issue for you if you were an asset case. Otherwise, in no asset cases, meaning you really did not have any property of value that the trustee would be interested in, forgetting to list a creditor is not going to harm you and the discharge should apply without having to reopen the case. However, with respect to the HOA fees that have been assessed after your bankruptcy filing, those fees cannot be discharged, but those assessed prior to filing should be discharged.
    Answer Applies to: California
    Replied: 7/20/2011
    The Port Law Firm
    The Port Law Firm | Edward Port
    If you recently filed you may be able to reopen your case to add the HOA as a creditor. If you failed to list the HOA in your bankruptcy, the HOA can sue you. Also, depending on your situation, the post petition debt owed to the HOA may be non-dischargeable. Seek the advice of an attorney.
    Answer Applies to: Florida
    Replied: 7/20/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Homeowner association dues occurred after bankruptcy and before completion of a foreclosure are not discharged by bankruptcy and can be the subject of a lawsuit if not paid.
    Answer Applies to: California
    Replied: 7/19/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Send them a copy of your bankruptcy filing. The prepetion debt is discharged. You owe the post petition fees.
    Answer Applies to: California
    Replied: 7/19/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You should have listed them. Hoa dues are not dischargeable post filing (after filing). So leaving the issue that you did not include them in you're bk aside, any hoa dues that are due between the date you filed and the date the home was foreclosed or otherwise went back to the bank you will be liable for. If you still have the property and intend to keep it you owe all the dues since these are essentially secured by the property.
    Answer Applies to: California
    Replied: 7/19/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    I would send on your bankruptcy case number. The HOA can likely sue you for HOA fees imposed after the date that your case was filed. While your bankruptcy may likely have discharged your HOA fees up to the date of filing, the HOA can generally recover HOA fees which accrue after the date your case was filed.
    Answer Applies to: Oregon
    Replied: 7/19/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You can pay them. Their fees are still due after filing and until you no longer have title to your house. And they do sue.
    Answer Applies to: Virginia
    Replied: 7/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    To restate your question, you indicated you committed perjury and that could land you in jail and get you sued and cause denial (or revocation) of your discharge. If you do not have a lawyer, get one now. There may be ways to amend or reopen the case.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    They can sue for dues that accrue after the bankruptcy is filed. Not for the ones from before the case was filed.
    Answer Applies to: Texas
    Replied: 7/19/2011
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