Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
Hi Chris, did you read my question?
The "automatic stay", which protects Bankruptcy filers from the attempts of creditors to collect money owed, goes into affect as soon as a Bankruptcy is filed.
So that means that the condo association must allow me access again to common areas?
Yes - as continuing to prevent you from using the facilities would be a violation of the automatic stay.
(The automatic stay goes into affect before the Chapter 13 plan is confirmed.)
We discussed a situation yesterday about using common areas after filing bankruptcy chapter 13 in New Jersey. The condo association asserts that even after the filing that they will not restore privledges like parking until the account is paid in full. Under the plan, I am required to make payments on the arrears for 5 years plus the regular monthly payment of over 1000. but yet they state that I will not be able to use the building parking space and the nearest available parking is blocks away. Can you give me a specific statute which would prove that they are wrong and that I should be allowed full access to the building while in chapter 13?
okay, I've relayed this to the lawyers for the condo association and they still say no. What is my next step to take action against them? It makes no sense for me to be paying arrears under the plan plus the current payment and not have access to parking and other facilities. Can I file a motion with the bankruptcy court and if so, what do I ask for? What penalties are applicable in this case? Thank you...