Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.
I am truly sorry to hear about the recent loss of your wife.
You Social Security income is exempt (protected) from collection efforts for most debts - includine HOA dues.
What is the approximate value of your car?
Are you currently renting a place to live?
The car is worth about $4000.
I am currently renting from my mother in law. The other problem is that years ago, my mother in law (89yrs of age) added my wife's name to this rental property and to her home because she thought she would die before my wife. Do I need to worry
Thank you for your response.
Regarding the last question (deed in your wife's name) - did your wife also file a Bankruptcy, or did you file on your own?
Also, do you owe any money for your car?
The car is clear. I filed BK in my name alone.
Thank you again for your response.
It is true that Bankruptcy filers remain liable for any HOA dues that accrue after their Bankruptcy is filed - until the property is sold to someone else - usually in a foreclosure auction or in a short sale .
It is also true that you did not have to move out of the home, even though you did so to accommodate your late wife. However, you do have the right to move back into the home, and you have the right to remain there until the house eventually sells - which is something that can take another few years to happen. Moving back into the home will allow you to use the money you are currently paying for rent for the HOA dues instead - because even though your SS income is exempt, the HOA may be able to take your car if they go to court to get a judgment for what is owed - since your car is worth more than $1,000.
I hope I was able to help you.
Please let me know if you need any clarification, or if you have any additional concerns.