My HOA and I counter sued. The HOA failed to pay me for storage of HAO materials and I withheld dues until they paid. They ended up suing for non payment of HOA dues and our attorney advised they are two separate issues.
Our HOA paid us for rental space for HOA property and we have been making HOA payments for more than a year. The back payments are $2,000 with $21,000 in attorney's fees. We filed Ch 7 and the HOA attorney was at the hearing saying she is entitled to attorneys fees but several attorneys say its discharged. what is true?
Real Estate Attorney
If the Attorney's fees were properly listed on your bankruptcy and no legal filing was made to avoid the discharge, the fees were probably discharged.
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This is a debt that would be part of the bankruptcy estate. Unless, there is some type of fraud involved, it is dischargeable and a permanent injunction would exist as to trying to collect it.
Brian D. Lerner
Attorney at Law