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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am being sued for Breach of Contract by my HOA for a house

Resolved Question:

I am being sued for "Breach of Contract" by my HOA for a house that was foreclosed on and included in a BK. Their attorney states per 11 U.S.C Section 523 (a)(16) the dues are owed because they are incurred after the filing of the BK and before the foreclosure. We signed a relief from the Automatic Stay during the BK so the bank could move forward with the foreclosure, however it still took them 13 months to sale it at Trustee's sale. We were served with a lawsuit for the HOA dues from the date the BK was filed until the date the property was sold at Trustees sale.

Question One: Since we signed the relief from Automatic Stay do we still owe the HOA dues, since we did not occupy the property from the date we filed the BK, we included the HOA in the BK along with the Lien Holders.
Question Two: After being served with the lawsuit, we contacted the attorney for the plantiff and were working on finding out what we owed. We did not respond the lawsuit in time because a person at the lawyers office told us verbally they would not continue to pursue the lawsuit since we were in communication about a settlement. However, they then filed a motion of default judgement. Can we file for a motion to extend our time for this case in order to find an attorney to represent us. Even though they have already filed a motion of default judgement (it has not been granted) and if so, which forms (CA-Orange County) do we completed and how do we file them?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,


Thank you for your question.

To specifically answer your questions:
Question One: Since we signed the relief from Automatic Stay do we still owe the HOA dues, since we did not occupy the property from the date we filed the BK, we included the HOA in the BK along with the Lien Holders.
no

Question Two: ven though they have already filed a motion of default judgement (it has not been granted) and if so, which forms (CA-Orange County) do we completed and how do we file them?
There is not a form on line.

explanation:

The bankruptcy would have discharged any liability that you may have to the Homeowners Association. The argument that " the dues are owed because they are incurred after the filing of the BK and before the foreclosure" would fail because the contractual relationship with the Homeowners Association was discharged in the bankruptcy and you no longer occupied the property.

The attorney is in violation of the bankruptcy code. You will want to file an objection to the motion for default that states that the defendant is attempting to collect a debt that was discharged in bankruptcy. Attach a copy of your discharge. The objection should result in additional time for you to retain legal counsel

Customer: replied 6 years ago.
Can you help with this? What would the cost be?
Expert:  Ellen replied 6 years ago.
I cannot represent you as per site regulations.

I suggest that you retain local counsel with bankruptcy experience. Under the bankruptcy code, you would typically be entitled to attorneys fees and court costs that results from theattorney's violation of the bankruptcy code.
Ellen and other Bankruptcy Law Specialists are ready to help you

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