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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31787
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed bankruptcy on 7/21. I was being sued at the time by

Resolved Question:

I filed bankruptcy on 7/21. I was being sued at the time by my HOA and included it in the bankruptcy. My meeting of creditors is on 8/26. I was told that all of my payments need to be on time from the date of the filing. My HOA has a 10 day grace period which I thought I could use. I mailed my check to the HOA on 8/1 and emailed the property manager and asked him to call me if there were any problems. I never heard back from him and the check has not been deposited. What can they do to me? What should I do???
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

The HOA is probably afraid to cash the check since you've filed as the court may consider it a preferential payment. I would suggest that you have your attorney contact the HOA and make sure there's not a problem.

So long as the payment was timely, there should be no issue with these payments being accepted because it relates to a post-petition debt.
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