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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2832
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I file bankrupcy last year and it was finalized in September

Resolved Question:

I file bankrupcy last year and it was finalized in September 2011. I surrendered my condo and moved out. I was just serve document from the association attorney, stating that they have filed a foreclosure lein on the property and I owe the back dues with attorneys fees and I need to respond within 20 days. Spoke with my bankruptcy attorney and I am confused about what to do. I thought everything was taken care of in the bankruptcy.
Please help!!

Mimi
Fort Lauderdale, FL
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Condo associations are not discharged in bankruptcy from the date you file onward.

Terry L. :

They are specifically excepted from discharge in the bankruptcy code.

Terry L. :

Therefore, you are on the hook for all payments from the date of filing onward.

Terry L. :

The condo association has a lien on the condo, pursuant to the purchase contract when you bought the place.

Terry L. :

The association can either evict you to get a paying tenant in the unit, or they can foreclose on the unit too

Terry L. :

They can collect any unpaid dues from you, including suing you and garnishing wages or liening your bank account too

Terry L. :

Bankruptcy discharges debt, it doesn't transfer ownership of the property.

Terry L. :

The owner is liable to make continued, post bankruptcy filing payments, or else this is the result.

Terry L. :

Talk to the attorney to see what repayment options you have, they may be willing to work with you.

Terry L. :

If they are foreclosing, the property will be sold.

Terry L. :

If there is enough to pay off all the liens, and the association, then you are ok, if not, you'll have to pay them the difference.

Terry L. :

Do you have any questions?

Customer:

What do I do with the documents I was served and need to respond in 20 days? Do I wait for them to foreclose first? I just don't know what to do.

Terry L. :

You can respond if you wish to fight it, if you do nothing, you are saying you have no defense and they will get a default judgement.

Terry L. :

Review them with your lawyer, they can advise you if you must appear, but most of the time you will not have to.

Terry L. :

any other questions?

Terry L. and 2 other Bankruptcy Law Specialists are ready to help you

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