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38 months into Chapter 13 HOA coming after me, need help!

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  • 38 months into Chapter 13 HOA coming after me, need help!

    So I am in my 4th year of a Chapter 13, started in 11/2013 have made all payments on time, but since filing chapter 13 we had a second child 11/2014, who now is in daycare, which pushed our daycare expense almost $800 higher from when we made our plan, and i also had a 3 month period where i was unemployed last year 3/2016-6/2016. My new job matched my previous salary, but as a result of these life changes, we have got behind on several of our bills, and have been trying desperately to catch up. This whole bankruptcy, we have been trying to fly "under the radar" and just keep making our court payments anyway that we could. We are currently $400 behind on our HOA dues which are $120 quarterly. we haven't paid october 2016, jan 2017, and april 2017. The HOA attempted to file a lien on us last month but once they realized that we were in a chapter 13, they sent a letter to the county to cancel it. Now they are trying to get a "relief from stay" and they have a hearing next week at our chapter 13 court. Besides the obvious "pay your bill" answers, I am looking for some advice on how to proceed, we haven't heard anything from our bankruptcy lawyer since we filed. I'm just trying to finish this bankruptcy plan and get the HOA off my back, but the last communications from the HOA turned the $400 debt into $700+ because they were adding all these lawyer fees into the bill. Starting to feel like im drowning, any advice would be greatly appreciated.

  • #2
    I am surprised your lawyer didn't contacted you when he received the motion for relief from stay. You need his help, especially if you are unable to bring the HOA current before the hearing. Call him. It sounds like you may need to modify your plan. It's good to fly below the radar during a Chap 13, but not if it means not being able to comply with your plan, which includes not only making plan payments, but keeping your HOA dues current.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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    • #3
      I echo what LITR has written. I also want to repeat, as I do in many threads, that a Chapter 13 debtor absolutely MUST contact their attorney as soon as their is a change in income and/or expenses. While a Chapter 13 may "feel" like it, a Chapter 13 is not meant to be a punishment. Sometimes you have to get "on the radar" in order to have things changed. Chapter 13 provides mechanisms for dealing with all types of pre-discharge issues including, but not limited to, change in income, change in family organization (new child), loss of income, and even new debt.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

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