Bankruptcy Forum

HOA Dues after BK/Foreclosure

KT13
06-26-2009, 06:45 AM
Am I still responsible?
I am getting alot of conflicting advice from folks on forums, attorneys, etc..

The bank took over the property earlier this year.
My BK claim has been discharged/cleared by the courts.
I am still getting bills at $400/month from the HOA.
I was told not to pay them. That the bankruptcy cleared me of this debt and the fact that the bank has taken over the deed of the property means I am no longer obligated.
I just received a warrant in debt from the courts - the HOA has taken me to court for unpaid dues.
The lawyer who helped me with the BK/foreclosure won't help me unless I pay him more money - says this is an entirely different matter - I say he didn't advise me of any of this when we initially went thru the process and frankly I knew nothing about it to even ask. I can't afford to pay him MORE money.. I don't have any more money! :dry:

Advice?

KT13
06-26-2009, 12:47 PM
Additionally, my partner and I were on the deed for the condo.
If I am cleared of this debt, is my partner still obligated since he did not file bankruptcy and was on the deed too?

dingdong
06-26-2009, 02:48 PM
I may have this wrong, but I think i have it right.

Any pre-petition dues are discharged, any dues that accrued after filing, but before FC (may 20) , you are liable for.

once the fc took place, the bank is liable as they hold title.

your partner could be liable for any dues from non paymemt to fc ( may 20) unless he filed BK as well



read this:

for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case . . .