Threated of a suit while in bankruptcy. What to do?

[busbis]

Just curious of your opinions on this. I filed for chapter 13 and listed this one particular creditor (it's actually my HOA's), but they have yet to file a claim. I received noticed today that if I don't pay in full by the end of March they are turning over to an attorney for collection and they will be adding another $500 for the attorney. My last day to file claims is 04/07/08, so I didn't want to say anything until then, but my question is I am responsible for these dues still each month, and I haven't paid. I filed a claim for the past due amount. Should I just let it ride until after 04/07 or say something now. I don't want to come out of pocket the additional $500 for the atty if I don't have to.

Let me add, I am surrendering this property in my bk. This is why I have not paid any dues yet. I received notice of foreclosure and the creditor is also asking for attorney fees, back taxes and dues. Can they do this. If I listed the HOA on my list of creditors how can the lender try to collect?

[HHM]

HOA dues, in most states (probably all states) are entitled to a lien on the property; thus, the foreclosing lender, in order to clear title, has to pay all past due HOA dues.

I think you just ride it out, since you are surrendering the home, the dues are really not your problem anymore. HOA dues typically run with the house, not with owner.

The tricky issue is the dues that came due AFTER you filed BK. For that, you would need to figure out the specifics of your state's HOA law and what remedies are available. But generally speaking, just like propety taxes, past due HOA dues flow to the next owner (in this case, the foreclosing lender)