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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am in chapter 13. one of my debts was with an HOA on a

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I am in chapter 13. one of my debts was with an HOA on a house that was foreclosed upon. This house has since been brought at a foreclosure auction. My understanding has been that when a home is sold, all HOA fees must be paid in full before the sale is finalised. My lawyer sent them a form to register on the foreclosure as an unsecured debt and the HOA filed on my chapter 13. This was not an unsecured debt, it was levied on a house. Do I have to repay this even though i don't own the home any longer ?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.


Yes, you have to pay the pre-petition and post-petition dues through the date the property was sold at foreclosure. Because you're in a 13, you must pay this debt back.


This obligation is a result of the amendments to 11 USC 523(a)16. This section excepts from discharge "any debt for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor's interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case . . . .



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