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Ellen
Ellen, Attorney
Category: Bankruptcy Law
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An HOA member doesnt pay HOA monthly payments due to bankruptcy

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An HOA member doesn't pay HOA monthly payments due to bankruptcy Chapter 13 filed on 12/28/2010. How long stays the status of "bankruptcy" and what can be undertaken from HOA to recover the losses?
HOA has filed lien on the unit in bankruptcy.
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In a chapter 13 bankruptcy, an HOA member is typically required to continue to make postpetition HOA payments. If the HOA is not receiving the postpetition HOA payments, the HOA may move for relief from automatic stay to recover money owed.

Customer: replied 3 years ago.

not replied to my question!

I apologize that I did not understand your question. Please clarify your question and I will be would be glad to respond
Customer: replied 3 years ago.

HOA needs information -


how long that unit will be in bankruptcy status- /how to get that information/.


What HOA can do to get the delinquent payments from that homeonwner?

how long that unit will be in bankruptcy status
A homeowner may remain in a chapter 13 bankruptcy for 5 years.

how to get that information
You can call the local bankruptcy court or the trustee's office to determine the remaining length of the particular chapter 13

What HOA can do to get the delinquent payments from that homeonwner?
The HOA may move for relief from automatic stay to recover money owed. This can take the property out of bankruptcy

I would be glad to respond to any related follow-up questions that you may have.
Ellen and 3 other Bankruptcy Law Specialists are ready to help you

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