Do I have to pay home owners association fees after filing for bankruptcy? 14 Answers as of May 17, 2011

I was advised not to pay my HOA fee's when the bank said they were going to foreclose. This was after I filed bankruptcy. I still live in the condo and am waiting for foreclosure.Will I have to pay these fee's or will the bank have to?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
You are legally obligated to pay all HOA fees that you incur after the filing of your bankruptcy petition. The HOA can sue you personally for these fees, even if you do not intend to keep the house, so long as the fee was incurred after the filing of your bankruptcy petition, but while you still own the home.
Answer Applies to: California
Replied: 5/17/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
After the bankruptcy discharge, you are still personally liable for HOA fees until the bank takes possession of the home and the deed transfers.
Answer Applies to: Indiana
Replied: 5/6/2011
Benson Law Firm
Benson Law Firm | David Benson
Since you are still living in the condo, you are responsible for post-petition HOA fees. The applicable code section is 11 U.S.C.
Answer Applies to: Ohio
Replied: 5/6/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Absolutely yes. The HOA due after bankruptcy is not part of the bankruptcy estate.
Answer Applies to: California
Replied: 5/5/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
HOA Dues are a covenant running with the land and generally Debtors are held responsible personally for that debt long after bankruptcy. If you intend to keep your home after bankruptcy, you need to pay the HOA dues, otherwise the HOA can foreclose. If you've gone through foreclosure and then file bk, you may be able to discharge that debt. Consult with your attorney to be sure, or whomever 'advised' you. The answer to your question is 'it depends' on the facts and circumstances in your individual situation.
Answer Applies to: California
Replied: 5/5/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You probably will. The post petition HOA fees were not discharged. The reason the banks delay in foreclosing on condos is because of the HOA fees. If you are living there and just paying the HOA fees, that is not a bad deal.
    Answer Applies to: California
    Replied: 5/5/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    The HOA will come after you. Don't know who "advised" you to stop paying when the bank said they were going to foreclose, but you should keep paying until the bank actually does foreclose.
    Answer Applies to: Virginia
    Replied: 5/4/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Post-petition HOA fees are not dischargeable. If the HOA records a lien against the property, the bank may satisfy that portion. However, if the HOA gets aggressive regarding collecting the post-petition fees, it may ruin your post-petition credit rating. You may want to pay them as they arise to avoid that harm to your fresh start. After all, if you're living in the condo you presumably are getting some benefit from the ongoing HOA expenses.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Bad advice. As long as you occupy the property you are obligated for the HOA dues. In California, HOA dues run with the property and are a personal obligation of the owner. While the pre-petition HOA dues may be discharged in bankruptcy, you are personally liable for the post-petition due during your occupancy of the property.
    Answer Applies to: California
    Replied: 5/4/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is a special provision in bankruptcy law that favors home owner association dues. They are owed post-petition until foreclosure is completed.
    Answer Applies to: California
    Replied: 5/4/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can be held liable for all HOA dues on property until a legal change of ownership on said property. These dues include pre and post bankruptcy filing.
    Answer Applies to: California
    Replied: 5/4/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    There is a specific section of the Bankruptcy Code that makes post-bankrutpcy filing HOA fees not dischargeable. It makes sense since it is a debt acquired after filing for bankruptcy and only pre-filing debts are discharged. However, when the bank gets around to foreclosing they usually pay the HOA fees so that they can sell the property free and clear of liens at the trustee's sale. Since your debt to the bank was discharged in bankruptcy, you do not owe anything to the bank and you then get away with not paying post-bankruptcy filing HOA fees. However, sometimes the HOA sues you before the foreclosure and go after your wages and bank account (after your bankruptcy filing of course). Sometimes the bank pays the HOA fees but the Association tries to collect them from you again. They frequently forget to tell their debt collectors that the bank already paid the fees before the trustee's sale. I think they believe that they can collect the fees from both the bank and the property owner.
    Answer Applies to: California
    Replied: 5/4/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Depends on the state where you live. In California, the HOA fees are the personal liability of the owner until title passes in the foreclosure as well as a potential lien on the property.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You pay the post filing HOA until change of ownership
    Answer Applies to: California
    Replied: 5/4/2011
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