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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
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Experience:  B.A.; M.B.A.; J.D.
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In Florida, I have $2000 of past due HOA legal fees on a rental

Customer Question

In Florida, I have $2000 of past due HOA legal fees on a rental propery. If I file Chapter 13 bankruptcy, will the automatic stay stop additional fees being added to these fees. Am I correct that the proposed repayment plan would then allow for repayment of this past due bill? I understand that I will be responsible for HOA fees post petition.

Does anything change if the HOA filed a motion for a lein or has demanded rent payment from my tenants?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

In Florida, I have $2000 of past due HOA legal fees on a rental propery. If I file Chapter 13 bankruptcy, will the automatic stay stop additional fees being added to these fees.




Response 1
: Yes. See 11 U.S.C. Section 362(a):




http://doney.net/bkcode/11usc0362.htm




Am I correct that the proposed repayment plan would then allow for repayment of this past due bill? I understand that I will be responsible for HOA fees post petition.




Response 2: Yes, that is correct.




Does anything change if the HOA filed a motion for a lein or has demanded rent payment from my tenants?



Response 3
: No. Of course, once the bankruptcy case is filed, the Automatic Stay would operate to stop any HOA action against you, your property, or demand to your Tenants.

Expert:  Phillips Esq. replied 1 year ago.
May I ask why you gave me a negative rating for specifically answering the questions that you asked?

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