Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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Bankruptcy Question: I filed for chapter 7 bankruptcy in 2010 and included all debts including the homeowners association. I am still getting calls from collections agencies and I am being told that I need to pay the association bill or make them an offer. What is correct here? Are HOA's exempt from chapter 7 bankruptcies?
The Bankruptcy court distinguishes between HOA dues that the debtor owed at the time the Bankruptcy was filed, and any dues that become due after the Bankruptcy is filed.
The dues that were owed at the time of filing are dischargeable, but not the dues that become due after the Bankruptcy is filed.
ok so another words if you were still in the house after bankruptcy and did not pay the dues you are liable.
Even if the property was in foreclosure
You are liable only for the dues that became due after your Bankruptcy was filed.
Ok that must be why they are contacting me... I am in not much better shape financially since I filed BK could I file chapter 13 now?
You can file a Chapter 13 in 2014, as you have to wait 4 years after your Chapter 7 was filed.
ok sounds good thanks for the info..!