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Can my California HOA recover attorney's fees for filing a lawsuit for HOA dues if I filed ch 7 bankruptcy

Temecula, CA |

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?

Attorney Answers 2

Posted

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.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Posted

Hello:

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.

Sincerely,

Brian D. Lerner
Attorney at Law
562-495-0554
ebankruptcyatty.com

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