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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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I recently went through Chapter 7 Bk.. for which i received

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I recently went through Chapter 7 Bk.. for which i received a discharge.. Prior to my BK filing my HOA filed a lien againt my home for 3076.00.. I received my discharge last Sept.. The HOA collections are trying to collect excess of $11,000 for that lien, which is an amount inclusive of the 3076, plus additional dues, fees and interest since the recording of the lien..

My BK attroney is of the opinion that the only portion of the HOA debt that survives the BK was the 3076.00, and yet the HOA is insisting they can still collect the entire balance..What survives the BK, and what is the HOA legally able to collect?

BTW.. Current HOA dues are being paid.. This is totally a pre petition balance.

Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

I recently went through Chapter 7 Bk.. for which i received a discharge.. Prior to my BK filing my HOA filed a lien againt my home for 3076.00.. I received my discharge last Sept.. The HOA collections are trying to collect excess of $11,000 for that lien, which is an amount inclusive of the 3076, plus additional dues, fees and interest since the recording of the lien..

My BK attroney is of the opinion that the only portion of the HOA debt that survives the BK was the 3076.00, and yet the HOA is insisting they can still collect the entire balance..What survives the BK, and what is the HOA legally able to collect?


BTW.. Current HOA dues are being paid.. This is totally a pre petition balance.

Response: You and your Attorney got it backwards. The HOA fees that survive your bankruptcy, that are still due after the bankruptcy are NEW fees that accumulated AFTER the date you filed for your protection. The $11,000.00 in fees and interests resulting from the pre bankruptcy lien are not considered new fees and have been therefore discharged in your bankruptcy and no longer collectible. Your personal obligation on the pre-petition balance has been wiped out. See 11 U.S.C. Section 523(a)(16). If the HOA insists on collecting this dishcharged debt, on harassing you about the discharged debt, you need to speak with your former bankruptcy Attorney to see if he would be willing to reopen your case and file Complaint against the HOA for willful violation of the Bankruptcy Discharge Injunction. See 11 U.S. C. Section 524. Your bankruptcy case would be reopened pursuant to 11 U.S.C. Section 350(b). Knowing HOA, you would have to file this Complaint to get HOA off your back.

Customer: replied 4 years ago.

I understand that I am not personally liable for the pre-petiton fees/due discharged, but I am told the Lien survives on my home. The lien was recorded for 3076.00.. That is what my BK attorney said is all they can collect.. and perhaps interest on the 3076.00.. Is that correct?

I understand that I am not personally liable for the pre-petiton fees/due discharged, but I am told the Lien survives on my home. The lien was recorded for 3076.00.. That is what my BK attorney said is all they can collect.. and perhaps interest on the 3076.00.. Is that correct?



Response: Thank you for the clarification.

Yes, that is correct. HOA lien on the property is considered statutory lien and remains valid after the bankruptcy Discharge just like a mortgage. This lien can be paid off to avoid foreclosure of the unit by the HOA. However, if the homeowner no longer wants the property, then the homeowner can just walk away without being personally liable for the lien.


Let me know if you need additional information.

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