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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Just a quick question about Home Owners Association fees. Our

Resolved Question:

Just a quick question about Home Owners Association fees. Our bankruptcy was final May 2009 in Georgia and included our home which we vacated. However the bank did not foreclose upon the property until November of 2011 when it was also sold at auction. Two days ago I received a collection notice from a New York company attempting to collect $1838 in unpaid HOA fees to be paid to our old subdivision association. Even though the house was in our bankruptcy am I still liable for these fees?
I have no problem paying if I am but if so what steps do I need to take to make sure this is the final bill I will receive from them, thank you.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
A Bankruptcy cannot discharge your liability for HOA fees that become due after your Bankruptcy was filed. Bankruptcy Stat. 523(a)(16).
This means that even though you have discharged your liability to pay the mortgage, and also any dues that were owed from before your Bankruptcy was filed, you could not discharge your liability for any dues that were owed from after your Bankruptcy was filed and until the property was sold.

I think this is what you wanted to know. If not, please let me know.
Thank you.
Expert:  cfortunato replied 5 years ago.
The fact that the house was sold in November 2011 means you cannot be charged any dues past November 2011.
Customer: replied 5 years ago.
Thanks for the swift response. Just a quick follow-up. The notice includes two contact numbers, the collection company in NY and the Association company here in GA. Which would you suggest I deal directly with to resolve the debt, thanks again for your help.
Expert:  cfortunato replied 5 years ago.
It is usually better to deal directly with the original creditor - the HOA in this case.
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