Are the HOA dues considered

[bellessima]

Are the HOA dues considered a secured debt?
I have surrendered the properties and am waiting for a discharge. However, I listed the HOA dues as unsecured debt. Is this correct or should I file a correction?
I have also received a letter from an attorney wanting to file a judgement against me? Please help me to understand this.
Merci beaucoup

[justbroke]

Are the HOA dues considered a secured debt?
I have surrendered the properties and am waiting for a discharge. However, I listed the HOA dues as unsecured debt. Is this correct or should I file a correction?

Whether HOA dues and assessments enjoy statutory lien status, depends on which State the property is in. In Florida, for example, HOA/Condo Association fees, due and assessments enjoy superpriority lien status automatically. You do not need to file a correction. It doesn't affect the underlying State non-bankruptcy law as to what it is. It would not affect the any discharge if they are statutory liens.

I have also received a letter from an attorney wanting to file a judgement against me? Please help me to understand this.

Did you receive this letter after you filed for Bankruptcy? That would be a willful violation of the automatic stay. I hope you used an attorney, and I would forward that letter to your attorney immediately.

If you didn't file with an attorney, then you need to figure out just what that letter was (a demand for money)... whether they filed a motion for relief from stay... whether they were "noticed" of the bankruptcy, etc. etc. Then take appropriate action including, but not limited to, filing a motion for contempt or a complaint.

[bellessima]

Whether HOA dues and assessments enjoy statutory lien status, depends on which State the property is in. In Florida, for example, HOA/Condo Association fees, due and assessments enjoy superpriority lien status automatically. You do not need to file a correction. It doesn't affect the underlying State non-bankruptcy law as to what it is. It would not affect the any discharge if they are statutory liens.

Did you receive this letter after you filed for Bankruptcy? That would be a willful violation of the automatic stay. I hope you used an attorney, and I would forward that letter to your attorney immediately.

If you didn't file with an attorney, then you need to figure out just what that letter was (a demand for money)... whether they filed a motion for relief from stay... whether they were "noticed" of the bankruptcy, etc. etc. Then take appropriate action including, but not limited to, filing a motion for contempt or a complaint.

Thank you...the auto stay was lifted by the bank and went to auction on Friday 27th May. The letter came from the HOA debt collector agency dated the day the stay was lifted.

[justbroke]

Thank you...the auto stay was lifted by the bank and went to auction on Friday 27th May. The letter came from the HOA debt collector agency dated the day the stay was lifted.

If they are trying to sue you for HOA dues/fees that were assessed prior to your filing (pre-petition), then they are in violation of the Permanent Discharge injunction under 11 USC 524.

I think there are still issues here.