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I'm trying to figure out if there's a way to get around

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Hi, I'm trying to...

Hi, I'm trying to figure out if there's a way to get around paying $33K in HOA dues after i filed for bankruptcy. I filed in 2009, the bank didn't foreclose until 2013 so the HOA is suing me for all the unpaid dues

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

GA yes, the court issued a garnishment letter to my employer

Lawyer's Assistant: Has any paperwork been filed?

Garnishment letter has been issued to my employer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
11/10/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,330
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Did you list your HOA as a creditor on your bankruptcy petition?

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Customer reply replied 7 months ago
Hello, I would have to go dig up my files. It was so long ago, I can't remember right off the top of my head.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. If they have already been listed as a creditor, then they would not be able to collect on that debt as a bankruptcy court would have discharged that debt altogether. That's if you filed a chapter 7 bankruptcy. If you filed a chapter 13 bankruptcy, which is one where you restructure your debt, then it is possible that they should have been paid by by the U.S. Trustee over time. Thus, I'd dig into your files and check the PACER system to determine the kind of bankruptcy you filed and who was listed as a creditor. The PACER system just allows you to check for bankruptcy filings across the U.S., including yourself since they're all public record. Moreover, if you find out that the debt was discharged in a bankruptcy, you may want to consider just writing a cease and desist letter advising them that there was a judgment in your favor back in 2009. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

Did you have any other questions for me?

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Customer reply replied 7 months ago
I know that it was a Chapter 7 for sure. I will check the PACER site and dig through my old files. If they were NOT listed as a creditor, am I think responsible for paying the $33K? No ifs ands or buts...
Lawyer: Legal Eagle, Lawyer replied 7 months ago

That's correct. Unfortunately, generally, if they aren't listed as a creditor, the debt isn't automatically discharged. But you can always settle the debt with them.

Sometimes, just settling the debt is the easiest thing to do. It doesn't always appear as if it's the easiest thing to do, but every single day lawyers across the country are explaining to their clients that if they just work on settling their debts in a way that makes sense for them and they are going to be in a better position in the long-term. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for debt settlement (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then try sending it again to remind them that settling is really what resolving disputes is all about.

Did you have any other questions for me?

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Customer reply replied 7 months ago
from your experience, if the debt settlement letter is sent, does the amount I'm asking to settle for have to be paid once the agreement is accepted?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

In my experience, it really depends on what you and the party agree to. Generally, most creditors of all kinds will agree to 50-60% of the total debt owed, usually paid out over time.

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