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?
Country relating to Question: United States
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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