If I file bankruptcy, will it eliminate the HOA fees? 19 Answers as of June 10, 2013

My property foreclosed and I am being sued for the Hoa fees. If I file bankruptcy, will it eliminate the HOA fees I owe before the foreclosure was finalized?

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Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
HOA fees incurred prior to the filing of a bankruptcy are dischargeable.
Answer Applies to: California
Replied: 5/26/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Yes it will, you no longer own the house, you are no longer obligated to paying HOA fees. file BK and discharge the HOA.
Answer Applies to: Washington
Replied: 5/17/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
In the event that you file Bankruptcy your Home Owners Association fees will be discharged. If you wanted to keep the property, you would still have some responsibility.
Answer Applies to: New Hampshire
Replied: 5/17/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Bankruptcy will eliminate your personal obligation to pay HOA fees that were incurred before you file bankruptcy. Bankruptcy will not eliminate HOA fees that you incurred after you filed bankruptcy.
Answer Applies to: California
Replied: 5/17/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Debt incurred POST BK filing is not dischargeable.
Answer Applies to: Washington
Replied: 5/16/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Yes, a bankruptcy will eliminate the HOA fees incurred prior to the foreclosure and the filing of bankruptcy.
    Answer Applies to: Arizona
    Replied: 5/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes.
    Answer Applies to: California
    Replied: 6/10/2013
    Benson Law Firm
    Benson Law Firm | David Benson
    In general, pre-filing HOA fees are subject to discharge in bankruptcy. Whether post-filing HOA fees are dischargeable in your particular case is a tricky question. I would urge you to seek competent bankruptcy counsel and disclose all pertinent facts to make sure you get the maximum benefit under the law.
    Answer Applies to: Ohio
    Replied: 5/16/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes. The HOA fees before you file the bankruptcy case will be discharged. It could be that the HOA fees were already paid by the bank before the foreclosure.
    Answer Applies to: California
    Replied: 5/16/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    If you file bankruptcy before the foreclosure you can discharge only those HOA fees you owed up to the bankruptcy filing. Any HOA fees that are assessed AFTER the bankruptcy filing and up until the foreclosure sale are not dischargeable in the bankruptcy and must be paid.
    Answer Applies to: Georgia
    Replied: 5/16/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    If the foreclosure sale has occurred, the bankruptcy will terminate the HOA suit. If it has no foreclosed and you file bankruptcy, you will be responsible for HOA fees from the day of filing the bankruptcy until the day of the foreclosure. I'd suggest calling an attorney to go over this in person.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, if the foreclosure is finalize, bankruptcy will eliminate the liability on all of the HOA fees.
    Answer Applies to: Indiana
    Replied: 5/16/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Yes, bankruptcy will do just that.
    Answer Applies to: Virginia
    Replied: 5/16/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes, filing bankruptcy will eliminate HOA fees incurred prior to the bankruptcy filing date. As long as the property is no longer in your name, you will no longer be liable for HOA fees. Please contact me if you would like to discuss further your bankruptcy options.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    No, the bankruptcy will eliminate your personal liability to the outstanding HOA fees, however they are linked to the property, so there will remain a lien on the property for those fees and eventually, they will need to be paid. If you are looking for a bankruptcy attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/13/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There are special provisions in the bankruptcy code that prevent some HOA fees to be owed post-petition, that is, after bankruptcy.However, if the property has already been foreclosed and you plan to file bankruptcy now the HOA fees will be discharged in that instance.
    Answer Applies to: California
    Replied: 5/13/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    The lawsuit you face is dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 5/13/2011
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