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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I left a home in may 2008 that I knew I would foreclose on.

Customer Question

I left a home in may 2008 that I knew I would foreclose on. I declared Bankruptcy in May 2010. The Homeowners Association is trying to collect dues post Bankruptcy thru the forclosure date of Feb 2012. I have not been able to find an attorney who knows the law. They just look it up. They're stating section 523 16a of the code that says I''m still liable. If I could afford to pay this debt, I wouldn't have forclosed in the 1dt place.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
Welcome to JustAnswer,

I am the expert that will be assisting you today. Thank you for your question.

If my answer is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

I am very familiar with the Bankruptcy Code. It does not appear that you are liable for the Association fees since you neither resided nor rented the property after filing bankruptcy.

Here is the statute:
Section 523
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—
(16) for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a dwelling unit that has condominium ownership or in a share of a cooperative housing corporation, but only if such fee or assessment is payable for a period during which—
(A) the debtor physically occupied a dwelling unit in the condominium or cooperative project; or
(B) the debtor rented the dwelling unit to a tenant and received payments from the tenant for such period,
but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case;

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Customer: replied 5 years ago.
May I have your name so that I may reply back in the collection letter that I received from the HOA?

Thank you,
Expert:  Ellen replied 5 years ago.
Hello Lori,

I am only permitted to have contact on this site. Consider attaching a copy of the Bankruptcy Code to the collection letter and possibly retaining local bankruptcy counsel
Customer: replied 5 years ago.
I don't understand, so do I owe the money or not? This question is the same one that was aswered yesteray, I simply asked for the name of the attorney so I could use it in a letter to the HOA.
Expert:  Ellen replied 5 years ago.
Based on the information in your post, you do not owe the money. Consider attaching a copy of the Bankruptcy Code 523 to the collection letter and possibly retaining local bankruptcy counsel. You can referred to the answer as having been furnished by JustAnswer