What are my options in a Property Management law suit? 8 Answers as of March 08, 2011

My wife & I filed for chapter 7 bankruptcy last August. We just received a small claims court order to appear. We used to own a condo and the property management company is suing for past association fees. What are our options?

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Where they listed as a creditor? Did they receive any notice of the bankruptcy? Did they file any action to contest dischargeability? If yes, yes and no, contact your bankruptcy attorney and pay him to send a demand letter to them to cease and desist from violating the permanent injunction of the discharge. Threaten them with a lawsuit if they fail to. depending on the severity of the violation, proceed immediately to the lawsuit.
Answer Applies to: Missouri
Replied: 3/8/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Get the bankruptcy lawyer to put a stop to this.
Answer Applies to: Tennessee
Replied: 3/6/2011
Law Offices of Dennis Baranowski
Law Offices of Dennis Baranowski | Dennis Baranowski
Depending on whether the association fees were incurred after you filed your case in August, you may be liable for the fees. While any fees owing prior to the filing would be discharged in the Chapter 7, any fees that came due after the filing would not be covered by the discharge. If the Management Company is attempting to collect discharged fees, it is violating the discharge entered by the Bankruptcy Court and could be liable for attorney's fees and costs that you incur in enforcing the discharge. A meeting with an experienced bankruptcy attorney will help you determine what your liability might be and what options you have to protect your rights.
Answer Applies to: California
Replied: 3/6/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The problem is that you owe the post petition HOA fees. I try to keep my clients out of Chapter 7 until the property forecloses for that very reason. You are going to be stuck with this debt. Bankrupcy only wipes out waht you on the date you filed.
Answer Applies to: California
Replied: 3/6/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
I assume from your question that you received your discharge and your Chapter 7 bankruptcy case is closed. Bring a copy of your Order of Discharge of Debtor to the trial of the small claims case against you. I assume also that when you say you "used to own a condo," that means that you do not own it now. Based on these facts, you should be liable only for HOA fees incurred after the date that you filed bankruptcy and while you still owned the condo. Show the judge your Order of Discharge of Debtor as one of your exhibits. Of course, persuasion is personal and no one can be certain in advance as to how the judge will rule in your case.
Answer Applies to: California
Replied: 3/4/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    It depends. Homeowner's association dues are secured by a lien on the condo. If you sold the condo before you filed the Chapter 7, then the dues that were not paid off in the sale escrow were entirely discharged. If you sold the condo after you filed the chapter 7 then the dues which accrued after you filed the Chapter 7 would not haven been discharged, but, again, they should have been paid off out of the proceeds of sale of the condo. Take a copy of the discharge you received in the bankruptcy to the Small Claims Court hearing. Do attend it, because if you don't the small claims court judge will give judgment by default, and it is a lot harder to set that aside than it is to deal with it up front.
    Answer Applies to: California
    Replied: 3/6/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Why was it not put in bankruptcy? If you left it out, you will have to defend case. Can't refile.
    Answer Applies to: Alabama
    Replied: 3/6/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    That is not a bankruptcy question. contact a real estate attorney.
    Answer Applies to: California
    Replied: 3/6/2011
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