What are my options in a Property Management lawsuit? How? 8 Answers as of August 17, 2015

My wife and 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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Ronald K. Nims LLC | Ronald K. Nims
If your condo was sold before the bankruptcy, then you don't owe the fees and the lawsuit is illegal harassment. If you owned the condo past the filing of the bankruptcy, then you owe the fees and you should try to settle with the condo management.
Answer Applies to: Ohio
Replied: 8/17/2015
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
The fess prior to filing is included but not fess after filing.
Answer Applies to: New York
Replied: 8/17/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
I do not see any way out of this lawsuit for you. You are responsible to pay any debt that arises after your Chapter 7 is filed. So if you still own the property, you owe the HOA one years worth of membership dues. If you are no longer living in the property, you should have made arrangements to transfer your ownership in this property long ago.
Answer Applies to: Nevada
Replied: 8/14/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you have lived or rented the condo post petition you owe the post petition condo fees. If you have moved out and not rented it, seek out local counsel. You may find one at NACBA.org. If they are suing for prepetiton HOA fees that is a discharge injunction violation and you can file an action to get damages from them.
Answer Applies to: California
Replied: 8/14/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You might want to use the affirmative defense of 'claim discharged in bankruptcy.' But I suspect that some condo fees are not always discharged. You should contact your bankruptcy lawyer. Or if you were bold enough to file a court matter without one, now is a good time to hire one to advise you about this claim.
Answer Applies to: Wisconsin
Replied: 8/14/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If they are suing for pre-petition debt (say HOA fees) and you got a discharge you have a flawless defense. You should send them a copy of the discharge and they should dismiss. If the debt is for items that were incurred after the filing, then you are on the hook.
    Answer Applies to: California
    Replied: 8/14/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Speak with you bankruptcy attorney. Normally the COA dues if unpaid become a lien on the property.
    Answer Applies to: Michigan
    Replied: 8/14/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You are only liable for the fees accrued after the date of filing of your bankruptcy, nothing prior to that date.
    Answer Applies to: New York
    Replied: 8/14/2015
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