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LawTalk
LawTalk, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37852
Experience:  I have more than 25 years of experience in the practice of law.
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I DECLARED BANKRUPTCY AGAINST MY HOMEOWNERS ASSOCIATION BACK

Customer Question

I DECLARED BANKRUPTCY AGAINST MY HOMEOWNERS ASSOCIATION BACK FEES. I AM CURRENTLY PAYING THEM BUT THEY HAVE PUT A LIEN ON MY HOUSE AND ARE TAKING ME TO COURT. WHAT SHOULD I DO AND WHAT CAN I EXPECT?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Presuming that you have all of the promises made to you in writing, when the HOA serves you with the lawsuit, you can file a counter suit against your HOA and the contractor for breach of contract to the extent that the statute of limitations has not already run.

I wish you well.

Best regards,

Doug



Customer: replied 7 years ago.
WHAT ABOUT THE BANKRUPTCY AGAINST THE BACK FEES? CAN THEY COME AFTER THEM AGAIN AFTER THEY WERE DISMISSED FROM THE JUDGE?
Expert:  LawTalk replied 7 years ago.
Good morning,

Generally, HOA fees are considered secured debt--secured by the property that you own. If you merely filed chapter 13, it would not have extinguished that debt. If you filed chapter 7, then unless the fees were exempted from the proceeding, they would have been discharged. However, you still have your home and I will presume that the fees were not actually discharged in your bankruptcy.

If that is the case, yes, the HOA can now come after you.

Best regards,

Doug

LawTalk and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.

I FILED CHAPTER 7. THE FEES WERE INCLUDED AND THE JUDGE MADE NO EXCEPTIONS AND NO ONE SHOWED UP AT THE BANKRUPTCY TO ARGUE THE CHARGES THAT WERE TO BE DISMISSED.

Customer: replied 7 years ago.

I FILED CHAPTER 7, THE FEES WERE INCLUDED AND THE JUDGE MADE NO EXCEPTIONS AND NO ONE SHOWED UP AT THE BANKRUPTCY TO DISPUTE ANY OF THE CHARGES THAT WERE TO BE DISMISSED.

 

 

Expert:  LawTalk replied 7 years ago.
Then presumably the debts have been discharged. SHow the HOA a copy of the discharge. Perhaps all of this will go away.

I wish you well.

Doug
Customer: replied 7 years ago.
thank you
Expert:  LawTalk replied 7 years ago.
You are welcome.

Have a great week ahead.

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