Can they still come after me even though I filed for bankruptcy? 15 Answers as of January 27, 2012
Can they still come after me even though I filed for and included them in my bankruptcy? I filed Chap. 7 in late Aug 2011. I included downstairs neighbor and homeowner's association as potential creditors due to disagreement over water leak that I believe was caused by a common roof. The repairs to neighbor's unit were made in July and early August 2011. I received my discharge in Nov 2011. Thirty days later, HOA sends me a charge back for this work done over the summer in the downstairs unit. When I complained that they violated the discharge order, they back peddled and claimed that they believe bankruptcy law allows them to go by the date they completed repairs and were billed by the contractor, not the date they began the repairs (July 5, 2011). They claim they can still come after me for this money even though I filed for and included them in my bankruptcy as they believe their contractor didn't finish until three days after I filed. The manager claims their staff attorney told them this (not a bankruptcy attorney) As mentioned, I don't believe I am even responsible for this damage as the roof had leaked and they are responsible for roof repairs. I contacted my bankruptcy attorney but as usual, he hasn't responded. He hardly responded when we needed to work together so I am not surprised he is ignoring my question now.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereHeupel Law | Kevin Heupel
You should have filed bankruptcy after all of the repairs were finished and you were no longer the owner of the condo. Bankruptcy only discharges HOA fees incurred prior to filing, but not after you file. Thus, the HOA has a good claim to pursue. The best course of action now is to settle with the HOA.
Answer Applies to: Colorado
Replied: 1/27/2012
Bird & VanDyke, Inc. | David VanDyke
HOA debts are a peculiar issue in bankrutpcy law. If you intend to keep the property the HOA can probably put a lien on your unit as such dues and expenses are secured by your home. If you are surrendering the unit then you may have a different argument.
Answer Applies to: California
Replied: 1/26/2012
J.M. Cook, P.A. | J.M. Cook
You could dispute the debt either in bankruptcy court if the case is still open or in state court.
Answer Applies to: North Carolina
Replied: 1/26/2012
Law Office of Michael Johnson | Michael Johnson
You should contact who ever file your bankruptcy. If you listed them properly, they should not have a claim.
Answer Applies to: Florida
Replied: 1/26/2012
The Law Office of Darren Aronow, PC | Darren Aronow
You are responsible for HOA fees that accrue after the date of filing. Any fees prior to that should be discharged, but any fees after that filing date, you will be responsible for. As far as whether you are responsible for the roof at all, may have to be an issue that is litigated.
Answer Applies to: New York
Replied: 1/26/2012
Ashman Law Office | Glen Edward Ashman
No one who has not seen your case file can know the details. If your lawyer does not reply to you, report him to the state bar and hire someone else.
Answer Applies to: Georgia
Replied: 1/26/2012
Law Office of Louis S. Haskell | Louis Haskell
I am very sorry to hear that your attorney does not respond to you. You have received your discharge, so it is to late to fire him. You should call his office and make an appointment to see him. If they will not make you an appointment, just drop in. However, you will be pleased to learn that the relevant date is not when repairs were billed, or completed, or even begun. The relevant date is the date that you are alleged to have caused the damage. At that point, they had a claim for any damage that you are alleged to have caused. The claim existed at that point, even if no one knew exactly how much it would cost to repair the damage. As a result, their assertion that it matters when repairs were completed is baseless.
Answer Applies to: Massachusetts
Replied: 1/26/2012
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
This debt should have been discharged in Bankruptcy. Contact the Attorney.
Answer Applies to: Georgia
Replied: 1/26/2012
AyerHoffman, LLP | David C. Ayer
A claim for the purposes of bankruptcy is determined by the date of the event giving rise to the claim. In this case, the work on the condo predates the bankruptcy petition, and should have been discharged in your Chapter 7 bankruptcy. It is highly likely this creditor of yours has violated the automatic stay in bankruptcy and is liable to you for damages. You should contact your bankruptcy attorney immediately.
Answer Applies to: Massachusetts
Replied: 1/25/2012
Diefer Law Group, P.C. | Abel Fernandez
I don't believe they can bill for this. The debt should be as of the date of the incident that is when the claim arose, not when they had the work done or when it was billed.
Answer Applies to: California
Replied: 1/25/2012
Nielsen & Senior | R. Steven Chambers
No, they cannot come back after you. The important date is when the damage occurred, and that was before you filed. You included them so they are in violation of the stay. As for your attorney, your case illustrates why the lowest cost attorney isn't necessarily the best. You get what you pay for and in this case it appears the attorney is running a bankruptcy mill, where he runs as many clients through as quickly as possible. To do that he can't afford to give any client personalized attention. When it comes to legal services, price should not be the only consideration.
Answer Applies to: Utah
Replied: 1/25/2012
Weber Law Firm, P.C. | William Weber
The basic rule is that all pre-petition claims are covered by the bankruptcy discharge. However, any debt incurred after the bankruptcy petition is filed is not covered by the bankruptcy injunction, and the creditor is not enjoined from attempting to collect by the bankruptcy discharge order. So, was the debt in this case pre-petition or post-petition. I believe that the answer is that the claim pre-dated the bankruptcy filing and is probably covered by the bankruptcy discharge. The claim and the damages incurred predated the bankruptcy filing, although it was not liquidated as to amount until after the bankruptcy case was filed. That said, this type of situation is uncommon. Any competent lawyer would need to conduct some legal research to determine the precise answer. By the way, most bankruptcy lawyers do not handle discharge injunction cases. However, I enjoy such cases.
Answer Applies to: Texas
Replied: 1/25/2012
The Law Office of Jill Rose Quinn | Jill Rose Quinn
The discharge relates to the date the cause of action arose which was before the filing of your bankruptcy petition. Therefore, the after discharge repairs are dischargeable.
Answer Applies to: Illinois
Replied: 1/25/2012
Law Offices of Lawrence J. Marraffino, P.A. | Lawrence J. Marraffino
A creditor listed in Bankruptcy cannot attempt to collect a debt that was included. In fact, if they do so, they may be held in contempt of court and you may be entitled to damages.
Answer Applies to: Florida
Replied: 1/25/2012
Dan Wilson Bankruptcy | Dan Wilson
The HOA is wrong. The repairs were a known liability at time of filing, they were noticed, your obligation is discharged.
Answer Applies to: Colorado
Replied: 1/25/2012













