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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Bankruptcy Question: I filed for chapter 7 bankruptcy in

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Bankruptcy Question:

I filed for chapter 7 bankruptcy in 2010 and included all debts including the homeowners association. I am still getting calls from collections agencies and I am being told that I need to pay the association bill or make them an offer.

What is correct here? Are HOA's exempt from chapter 7 bankruptcies?

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

Customer:

ok

Customer:

Bankruptcy Question: I filed for chapter 7 bankruptcy in 2010 and included all debts including the homeowners association. I am still getting calls from collections agencies and I am being told that I need to pay the association bill or make them an offer. What is correct here? Are HOA's exempt from chapter 7 bankruptcies?

cfortunato :

The Bankruptcy court distinguishes between HOA dues that the debtor owed at the time the Bankruptcy was filed, and any dues that become due after the Bankruptcy is filed.

cfortunato :

The dues that were owed at the time of filing are dischargeable, but not the dues that become due after the Bankruptcy is filed.

Customer:

ok so another words if you were still in the house after bankruptcy and did not pay the dues you are liable.

Customer:

Even if the property was in foreclosure

cfortunato :

You are liable only for the dues that became due after your Bankruptcy was filed.

Customer:

Ok that must be why they are contacting me... I am in not much better shape financially since I filed BK could I file chapter 13 now?

cfortunato :

You can file a Chapter 13 in 2014, as you have to wait 4 years after your Chapter 7 was filed.

Customer:

ok sounds good thanks for the info..!

cfortunato :

You're welcome!

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