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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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In the State of Alabama .. I am with an HOA .. We do have a

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In the State of Alabama .. I am with an HOA .. We do have a lien in place for years of non dues pmts from a resident .. the foreclosure auction was set with a week of the Chapter 13 filing ... of course we are secured but are at a stay. This resident now feels that since we are at a stay on the foreclosure that she has regained all rights to the use of the pool ect ... even though our covenants clearly state a person must be in good standing ... she just says "talk to my lawyer". What is your opinion of just how many rights this Chapter 13 gives her?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
There are 8 actions that creditors are not allowed to do once a Bankruptcy is filed - such as discontinuing any court proceeding, or attempting to collect any debt - because of the automatic stay that goes into effect as soon as a Bankruptcy is filed. Not allowing pool access to someone who is delinquent with their HOA dues is not one of the prohibited actions.

I think this is what you wanted to know. If not, please let me know.
Thank you.
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