What willl happen to my hoa dues after bankruptcy? 18 Answers as of June 30, 2011

I was behind several months and had received threatening letters. What will happen after I file?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You need to schedule them in your BK filing.
Answer Applies to: Washington
Replied: 6/30/2011
Benson Law Firm
Benson Law Firm | David Benson
Prepetition HOA fees are includable in your bankruptcy. However, this is a tricky area and the assistance of a competent bankruptcy attorney is advised.
Answer Applies to: Ohio
Replied: 6/29/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
If you want to stay you need to pay them.
Answer Applies to: California
Replied: 6/29/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You will need to pay the HOA dues post petition until you sell the the property or it is foreclosed upon. The post petition HOA dues will not be discharged and you will continue to owe them as long as you own the property.
Answer Applies to: California
Replied: 6/28/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
HOA dues owed before filing are discharged. Those incurred after filing have to be paid until your name is off the house.
Answer Applies to: Virginia
Replied: 6/28/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    HOA dues incurred prior to filing are dischargeable. HOA dues incurred after filing are not dischargeable.
    Answer Applies to: California
    Replied: 6/28/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Unfortunately you are likely on the hook for all HOA dues accrued after the date of filing. You will, however, eliminate all HOAs owed to date on the day of filing.
    Answer Applies to: Oregon
    Replied: 6/28/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    If you plan on keeping the property you will need to take action to pay that debt. If you do not plan on keeping Tue property, then you will not have to pay the debts that your property incurs up to the date of filing. After you file and until you actually no longer own the property on the land records you could be responsible for the HOA fees again.
    Answer Applies to: New Hampshire
    Replied: 6/28/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Usually the dues that were owed prior to filing are discharged, HOWEVER, any dues incurred after you file must be paid. They are considered post petition debt, so if you are still living there after filing bankruptcy, in most jurisdictions, you must pay the new HOA dues.
    Answer Applies to: Michigan
    Replied: 6/28/2011
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    They will be discharged, the pre-petition amt only.
    Answer Applies to: Georgia
    Replied: 6/28/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The personal obligation to pay the fees is discharged in a bankruptcy, but depending on the law of the State where the property is located, the lien of the homeowner's association remains on the property.
    Answer Applies to: California
    Replied: 6/28/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There are special provisions in bankruptcy law that provide protection to homeowner's associations. The HOA dues after bankruptcy are owed unless and until the property is foreclosed.
    Answer Applies to: California
    Replied: 6/28/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Depends on whether you intend to keep the home. If you keep the home the hoa dues will have to be paid. If you are surrendering the home the pre petition dues can be discharged.
    Answer Applies to: California
    Replied: 6/28/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    They will be discharged unless you continue to occupy the property after filing. In that case you will owe whatever the normal fee is for the period of time of your occupancy.
    Answer Applies to: California
    Replied: 6/28/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    Generally, all unsecured debt will be/can be discharged through the bankruptcy (including HOA). It would be important to know, if you are going to keep the house, you would be liable for the continuing HOA dues.
    Answer Applies to: California
    Replied: 6/28/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Discharge HOA dues upon filing, assuming you also give up house. Post filing HOA dues can still be charged to you while house is legally yours.
    Answer Applies to: California
    Replied: 6/28/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on your intent as to the property, whether the lender ever forecloses, and what chapter bankruptcy you file. Because a misstep by you could greatly impact your case, do NOT file without a lawyer, who will know how to address HOA dues under your facts.
    Answer Applies to: Georgia
    Replied: 6/28/2011
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