Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Are you currently paying your mortgage?
If I pay amount required by trustee how long can I stay in my condo and will that also stop the bank as well? How much will go to HOA and can they force me to give them anymore?
If you pay the amount the trustee asked for, part of that amount will be given to the HOA for dues that you owed from before your Bankruptcy was filed. As long as you continue to pay the Chapter 13 plan payment until the end of your Bankruptcy period, at the end of that period, you will receive a discharge of the balance of unsecured debts - including what is still owed to the HOA for dues that accrued from before your Bankruptcy was filed.
As long as your Bankruptcy is in progress, there is nothing your HOA can do to try to collect the past-due dues from before your Bankruptcy was filed, but they can attempt to collect any dues that you owe from after your Bankrutpcy was filed.
Your HOA must take what they are given from the Bankrutpcy trustee - they cannot force you to pay them anymore for the dues that you owed from before your Bankruptcy was filed, but they can force you to pay your dues going forward - until your house finally sells at a foreclosure sale.
I think this is what you wanted to know. If not, please let me know.Thank you.
Yes. However, if the HOA has placed a lien on your house, your attorney has to file a 522(f) lien avoidance motion to have the lien removed.
You said, "I am paying the creditors including the bank...". Then you asked about the bank starting a new foreclosure case. Are these 2 different banks?
Has the bank filed a motion for relief from the automatic stay?
If you are not paying your mortgage, the mortgage company can continue with their foreclosure proceedings after filing a motion for relief from the automatic stay. If they file the motion, they can proceed with the foreclosure as if your Bankruptcy had not been filed - they do not have to start a new proceeding.
The HOA cannot commence foreclosure proceedings without first filing the same motion.
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