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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 32964
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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My association is going after me for the entire amount owed

Customer Question

My association is going after me for the entire amount owed in back fees, even though I filed for bankruptcy in October '09 and was discharged in March '10. I was told that the fees up until the filing were discharged and that I was then only responsible for them from the discharge date up until the place was no longer mine, which would have been the date of the discharge. Now they are coming for everything, including May's fees. I am in Illinois and yes, I had the condo on the bankruptcy along with the association. Who is correct? I went through Legal Helpers for the bankruptcy and they said they only represent me in Federal court, which is where the bankruptcy was handled. I am being taken to court in county court. Help!
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 3 years ago.

Under Bankr. Code 523(a)(16), HOA fees incurred after the debtor files bankruptcy are not dischargeable, if the homeowner continues to occupy or rent the property. Prepetition HOA fees are discharged.

 

You can send the HOA a note stating that unless it immediately amends its complaint to remove any prepetition fees, that you will have no alternative but to ask the bankruptcy court to hold the HOA in contempt of the bankruptcy discharge order.

 

Or, you can hire a bankruptcy lawyer imediately to sue the HOA in bankruptcy court and attempt to obtain attorney's fees as part of the suit, to reimbure your costs.

 

You could also move to dismiss the action in state court on grounds that the HOA is barred by the bankruptcy injunction from attempting to collect on the prepetition fees. But, that won't get you any damages against the HOA. So, the bankruptcy attorney route may be more profitable.

 

For a bankruptcy lawyer referral, see: http://www.abanet.org/legalservices/lris/directory/ and www.martindale.com.

 

Hope this helps.

 

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