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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26555
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Hello I filed a chapter q13 bankruptcy in state of California

Resolved Question:

Hello I filed a chapter q13 bankruptcy in state of California in Dec 2009. I included the balance I owed to my HOA. Since then I have been making the monthly payment on time as per trustee orders. Now they're saying I owe additional legal fees to their attorney and laye fees. Two months ago they sent notice to the court that I owe 2,600 dollars yet my bill still reflects a 2500 dollar balance. Can they do this even if I have been making the required monthly payment on time?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist you.

Kirk Adams :

Are the payments you are making through your plan for delinquent/past due HOA dues?

Kirk Adams :

If the fees are associated with the past due balance that was owed, then the HOA would not likely be entitled to those figures if the amount of the debt had been agreed to and entered in the repayment plan. If they failed to seek these additional fees, they've likely waived them at this point.

Kirk Adams :

However, if these fees have accrued since you filed, the lender may be entitled to them because a bankruptcy estate usually only pertains to the debts as of the date of filing - - and not debts subsequently incurred.

Kirk Adams :

We can pick up when you come back online.....

Customer: This balance is solely from unpaid attorney fees on their side. The trustee paid them the unpaid balance included in the bankruptcy.
Kirk Adams : Ok. Well, if the amounts are for the original debt, and they didn't include it in the amount of the claim, then they should be out of luck - - and your attorney should object because you settled on the amount and added it to your plan as such.
Kirk Adams : The judge likely has discretion with this, but it is unlikely that the judge would grant this IF the debt was known at the time the plan was confirmed - - and the creditor just left it out.
Customer: Ok thank you. That's what I wanted to know
Kirk Adams : No problem.
Kirk Adams : Glad to help.
Kirk Adams : Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I get credit for my time.
Customer: Ok I will.
Kirk Adams : Thanks very much!
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26555
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Expert:  Roger replied 1 year ago.
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