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Are Fines and Administrative Liens discharged in ch 7?

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    Are Fines and Administrative Liens discharged in ch 7?

    My bk attorney told me not to spend money on any properties I'm not keeping, so I didn't purchase landlord permits on all the properties I'm losing. Now the City referred me to the Code Enforcement Board for a hearing, and they have the ability to impose fines and "administrative liens." I don't know if that means a lien on me or the property. Do the fines and administrative liens go away with bankruptcy? If the liens are on the property would they go away with foreclosure?
    I'm not a lawyer, but here's a link to my favorite bankruptycy law blog: http://www.bankruptcyorlando.com/

    #2
    No, fines cannot be discharged.

    Definitely not any fines from a government agency.
    My comments are solely based on my opinion. The information and links that I have
    posted are provided solely for informational purposes, and do not constitute legal advice

    Comment


      #3
      It will really depend on how your state defines these fines. The section of the BK code that excepts fines and penalties is 523(a)(7).

      I wouldn't be confident in saying that the type of administrative fines you are discussing are not dischargeable, they very well might be discharged. But again, it will depend on how your state actually defines these types of fines.

      Comment


        #4
        It would behoove you not to take a chance and advise the codes meeting of what occurred. In our little county, they listen pretty well and can be worked with. We are fortunate in this way. I once combined two lots to one and got a surprise tax bill. The reason was, I gave the higher lot number on the joining two parcels instead of the lower. I went calm and cool and they forgave the homestead exemption and gave back $200 bucks for a clerical error I was not aware of. It was in the rules but how would I know.

        Just go cool and calm and explain. You could be surprised. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          I had issues with code enforcement for some garbage cans (and something else) sitting in front of my rental unit, that is too far for me to get there. I received a letter and called code enforcement. The letter indicated a "fine" of $xx per day until corrected. I told them the home was surrendered in foreclosure. The person at code enforcement immediately told me not to worry, they wouldn't call or send any more letters. They way they did these fines was just to attach a "lien" against the property.

          I haven't heard from them in 12 months, so I hope that means it's all good now!
          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

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Well, I'll have my attorney look into section 523(a)(7).

            Do you think it would be beneficial to delay the hearing at the Codes Board which is scheduled for December 10th until after filing bk, thereby keeping these landlord permits "bills" instead of them becoming "fines" and "administrative liens?" I'm thinking maybe if they're bills, they can be discharged... Between the permits and the late fees this amounts to $5,000!

            Thanks so much for all your help!
            Last edited by DecentHuman; 11-14-2009, 08:53 PM. Reason: forgot to put in amt of $
            I'm not a lawyer, but here's a link to my favorite bankruptycy law blog: http://www.bankruptcyorlando.com/

            Comment

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