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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  Licensed to Practice Law
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I refiled my chapter 7 and while I was in chapter 7 my hoa

Resolved Question:

I refiled my chapter 7 and while I was in chapter 7 my hoa put a lien against my property. Can i sue them to get the lien taken off as they are now planning to try and foreclose.
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 11 months ago.
Hello and thank you for allowing me the opportunity to assist you.

If he lien was placed on the property while the automatic stay was in place, then that is a violation of the bankruptcy code. Not only can the lien be voided, but the HOA could face sanctions from the court. It is not uncommon in this situation for a creditor to actually pay a settlement to the debtor. You could also sue the creditor in the bankruptcy court in an adversary proceeding.

So, the answer is yes ... you can sue, you can get the lien removed, and you could be awarded money.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 11 months ago.

What is the automatic stay was no longer in place. Don't they still have to notify the court or our attorney that we are being sued?

Expert:  TJ, Esq. replied 11 months ago.
Hello again.

No, if the automatic stay was no longer in place, then there is no reason to notify the court. You do need to be served if you are sued, however, and if they know that you are represented, then they should contact your attorney.
Customer: replied 11 months ago.

They were notified of our bk case but our case had been dismissed and we refiled so I don't think automatic stay was in place but they sent a letter to the house, we didn't sign for it and they never sent it to our attorney. Is there any way I can fight the foreclosure? I only filed for BK to save my house. I never through about the HOA.

Expert:  TJ, Esq. replied 11 months ago.
Hello again.

You could convert your Chapter 7 to a Chapter 13 to save the house. That would allow you 5 years to repay the HOA for the assessments. But you should talk this over with your attorney to see if it is plausible given the rest of your financial situation.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9674
Experience: Licensed to Practice Law
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