Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Received bill for HOA after Chapter 7 Discharge

  • Filter
  • Time
  • Show
Clear All
new posts

  • Received bill for HOA after Chapter 7 Discharge

    2 years ago, I received a bill while in bankruptcy (chapter 7) from the HOA (over $12K). I gave it to my attorney who advised the HOA that I didn't owe them and I didn't hear anything from them. That was over 2 years ago. Today I received a letter in the mail from a law firm representing the HOA stating that I owe them $4,500 for HOA which includes late fees giving me until the end of the month to pay it. They calculate that I owe starting the day after discharge 10/2009 until the sale date 5/2010 which is about 7 months.

    Until today, I hadn't received any bill from the HOA that I owed them anything. I do see on this forum that my attorney, may have erred on his advise. I wasn't responsible for any of the $12K bill that they sent as it was prior to my bk, but I appear to be on the hook after the bk, which is what they are now billing me for. My question is they waited 2 years to contact me to inform me that I owe them anything. I haven't seen this on my credit report, I usually pull it every 6 months and have started to re-build credit. Can I settle with them and keep this off of my credit report? Any suggestions?

  • #2
    HOAs seem to have a special place in BK process. All HOA fees owed prior to BK filing are discharged, as long as you listed them. Seems your attorney took care of that for you. After filing or discharge you are again liable for HOA fees until your name is off the title. No fair if you are not living in it and the bank won't foreclose but that is the law. You owe them money whether they billed you or not. You should be able to negotiate a deal given they did not inform you (bill you) but they can come after you for the full amount. I recommend that you don't ignore this issue.
    Lawyer - $3000
    Filing fee - $299
    Fresh Start - Priceless


    • #3
      Yep, you owe it. sorry. HOA dues that come due after "filing" are still owed. So I guess consider it a minor victory they are giving you a pass on a few months.

      HOA's rarely report to credit reports (if at all), so that shouldn't come as a surprise. Strictly speaking, I don't think an HOA should report, it is not an extension of credit. Now, if they were to sue you and get a judgment, that could to on the credit report as a public record, but the HOA account, itself, is not something that should be reported. In any event, that is largely a moot point.

      You could try to negotiate a settlement. Do you still reside in the house?


      • #4
        This is one of the real downsides to living in a neighborhood with an HOA. Even if you no longer live in the house and have abandoned it during a bankruptcy until the bank transfers it, you are still responsible for the HOA fees. It really sucks. That is why sometimes it pays to stay in the house until they kick you out in foreclosure. When an HOA is involved it is a no win situation for the debtor.


        • #5
          Looks like he sold 5/2010, HHM. That was the golden opportunity to settle, as most folks can get the HOA arrears attached to the sale of the property.

          Agreed - best bet is try to settle or end up facing a judgement. Sorry. Praying for you. Also praying for the painful death of most HOAs in the United States.

          I'd ask for a zero interest 6-12 month timeframe to pay, and only on the original amount owed.


          • #6
            We had an HOA that was included in our BK and it took many months post BK for the sale of the foreclosure property to be complete. I too received a bill from the HOA post BK and just informed them that this was IIB and the property was surrendered to the bank, they never contacted me again. Maybe your HOA has a better attorney and mine was not so smart.
            *Filed Chp 7 bk 10/03/07 *DISCHARGED 2/4/08!!
            CLOSED 3/24/08 *10-14-08


            • #7
              Originally posted by OneDay View Post
              We had an HOA that was included in our BK and it took many months post BK for the sale of the foreclosure property to be complete. I too received a bill from the HOA post BK and just informed them that this was IIB and the property was surrendered to the bank, they never contacted me again. Maybe your HOA has a better attorney and mine was not so smart.
              When a house forecloses, the lender must satisfy the HOA in some manner (how much the lender must do depends on state law, in some states the foreclosing lender must pay all HOA dues, in others it is just 6 months worth, etc etc). It also depends on state law and whether state law provides HOA's with a super priority lien (most do).


              • #8
                Originally posted by HHM View Post
                You could try to negotiate a settlement. Do you still reside in the house?
                I no longer live there and haven't lived since 2009.

                Thanks everyone for your replies. I'm going to try to negotiate a lump sum settlement with the atty.


                • #9
                  Checking in to give an update. I settled with the atty for the HOA, I walked the certified check in and had them sign off that it was settled. But they ignored me for quite some time and I had to pester them. The HOA was suing almost everyone in the building and there were a lot of cases. But I'm happy it's over.


                  Unconfigured Ad Widget