Should I still pay September HOA dues if I have filed bankruptcy on August? 10 Answers as of October 12, 2016

I filed law suit on August 31. I was informed on September 4 that I owe September dues.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy cuts off all debts as of the date of filing. Any debts which arise after the date of filing aren't included in the bankruptcy and you're liable on them.
Answer Applies to: Ohio
Replied: 10/12/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You will be responsible for the HOA's after the date of filing, until the property is foreclosed upon.
Answer Applies to: Colorado
Replied: 10/5/2016
Stephens Gourley & Bywater | David A. Stephens
Generally a bankruptcy does not stop the duty to pay future HOA Fees.
Answer Applies to: Nevada
Replied: 10/5/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your email is a bit confusing. On the one hand you mention filing bankruptcy in August, but also filing a lawsuit on 31 August. Bankruptcy is not a lawsuit, but I assume you mean you filed your bankruptcy petition at the end of August. I think that if you intend to remain in the property, you should pay the HOA obligation. I hope you have a lawyer Representing you in the BR, and if so, ask him or her. If you do not have a lawyer representing you, I respectfully suggest that you retain one. The cost of retaining an experienced BR lawyer is almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 10/4/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Bankruptcy only eliminates debts up until the time you file. It would be a pretty slick trick if you could file bankruptcy and continue to run up debts. Talk about looking for a free ride!
Answer Applies to: Nevada
Replied: 10/4/2016
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Yes. Bankruptcy only discharges the pre petition dues that have accumulated not the post petition dues.
    Answer Applies to: California
    Replied: 10/4/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    As long as you live in the property or have a tenant there, you owe the post petition HOA dues.
    Answer Applies to: California
    Replied: 10/4/2016
    OlsenDaines | Rex Daines
    If you are the title owner of the home, then pay the dues.
    Answer Applies to: Oregon
    Replied: 10/4/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Bankruptcy gets rid of your PERSONAL responsibility to pay HOA dues that were due as of the filing. Subsequent dues are NOT part of the BK. Also, both pre and post filing HOA dues can be recovered against the real estate. They can foreclose on your property (if there is equity) and collect ALL dues that way.
    Answer Applies to: California
    Replied: 10/4/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Post petition HOA dues are not discharged like pre-petition dues. If you are not keeping the residence and do not have a concern that the HOA will pursue you in court for collection if post petition amounts but instead pursue the property then don't pay. Otherwise I recommend you pay.
    Answer Applies to: Nevada
    Replied: 10/4/2016
Click to View More Answers: