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Can a creditor attempt to collect debt after filing Chapter 7?

Albuquerque, NM |

We owe back HOA dues on a 2nd home There is also money outstanding on an building assessment fee that was made on each home in July 2009 of $3000 Each of 3 installments were due over 18mth period the first being 31st Dec 2009 that $1000 was paid WE filed BK in April 2010 The HOA has sent a demand letter for payment of the 2nd installment $1000 due 30th June 2010 We included the HOA in our chapter 7

Attorney Answers 4

Posted

If the HOA is attempting to collect dues that became due AFTER your Chapter 7 petition was filed, this debt is not part of your bankruptcy. Only dues that were due before the filing date have been discharged.

Because the entire amount of $3,000 was assessed in July 2009, I believe that it should all be covered by your discharge even though some payments were to be paid after filing. You should have an attorney write a letter explaining that attempts to collect on this debt are in violation of your discharge.

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Posted

These people need a discharge violation letter from an attorney.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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Posted

With few execeptions, your debts are dischared once you receive the Chapter 7 discharge order from the court. One of the exceptions is for HOA fees that are incurred on a home that you live in after you file for bankruptcy. For instance, if you owed $1,000 in HOA fees, filed for bankruptcy, but continued to live in the home, the $1,000 in HOA fees incurred prior to filing bankruptcy would be discharged, while an future HOA fees you incurred after filing would not be discharged.

You ought to contact an attorney to looking into bringing suit for the violation of the discharge order on the other debts.

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Posted

I believe you should consult an attorney on this matter (preferably one who has familiarity with the laws in the State in which the property lies). Although you may have been personally discharged as to the fees which were incurred before the filing, it may be a question of State law as to the HOA's ability to place a lien against the property. I am assuming youa re retaining the property, and not surrendering it to a secured creditor.

If the discharge hasn't been granted yet, the HOA should be communicating with your attorney who represented you in the bankruptcy, if you have one.

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