Can a prior deficiency judgement be added in new bankruptcy? 11 Answers as of December 29, 2010

I previously filed for BK 15 years ago. A deficiency judgment was granted by the Homeowners Association for a condo that I had owned and could not be included in the bankruptcy. I now have to file for bankruptcy again. Can I include the deficiency amount in my bankruptcy? The referenced item does not appear on my credit report however does appear when I search my name on the court system. I would like to clear my name with any attachments to it. I am hoping one day to purchase property again. I will be filing bankruptcy pro se due to no income. Any and all information is appreciated.

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Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
ALL outstanding debts need to be included in the bankruptcy schedules.
Answer Applies to: Illinois
Replied: 12/29/2010
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
Yes, you can include it and then get it cleared up.
Answer Applies to: New Hampshire
Replied: 12/21/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes, such a deficiency can be added to bankruptcy.
Answer Applies to: Tennessee
Replied: 12/21/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
HOA dues are NOT dischargeable.
Answer Applies to: California
Replied: 12/21/2010
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
The debt related to the judgment will be discharged so the judgment will not be enforceable. However, there might have questions in the future because of the Abstract of Judgment filed with the County Recorder's Office whenver you buy or sell real estate in the future. This is because the title company will see the Abstract of Judgment filed and will want you to prove that you do not owe it in order to insure title to real estate. You will have to have the Bankruptcy Discharge and Final Decree available to prove that you do not owe the money related to the judgment. There is a way to have the judgment lien declared void by filing a motion to avoid the judgment lien in your new Chapter 7 bankruptcy case. However, you do not need to do that unless you want an order to file with the County Recorder's Office stating that the lien is void. Most people do not file such a motion since they have already lost the property.

If you had already lost the condo before you filed for bankruptcy last time then your personal liability for HO fees due and payable before your last bankruptcy should have been discharged already. Again, bankruptcy does not remove the lien (Abstract of Judgment filed) from the records of the County Recorder's Office but the lien is unenforceable since your personal liability for the debt was either discharged in your last bankruptcy or will be discharged in the new bankruptcy. The bottom line is that you will not have to pay the judgment but might have to prove you do not owe the money by having a copy of the Bankruptcy Discharge and Final Decree available.

By the way, that is not a deficiency judgment. A deficiency judgment is when a mortgage is only partially paid from the sale of the property after the bank forecloses and then the bank sues the borrower for the difference ("the deficiency"). In your case, it is just a judgment for the HO fees not paid.
Answer Applies to: California
Replied: 12/20/2010
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