Skip to main content

To what extent am I liable for HOA fees on real property?

Los Angeles, CA |

I filed a Chapter 11 bankruptcy because I was trying to keep a business, but then my business went south and I converted to a Chapter 7. I have never filed a statement of intention regarding my real property, which is upside down. Am I liable for HOA fees until I file a Statement of Intention? If so, am I liable from the date of filing the Chapter 11 or from the Chapter 7 conversion?

Attorney Answers 4

  1. Chapter 7 will wipe out dept incurred up until the filing of chapter 7. all HOA fees incurred after the chapter 7 are not discharged and you are responsible for them

  2. You are liable for HOA dues that through the date of conversion to Chapter 7. The Statement of Intention has no impact on the liability for HOA dues.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

  3. The statement of intention does not affect the HOA dues that are owed. You are liable for HOA dues that have come due since the conversion to Chapter 7 (post-filing dues). Your pre-filing dues should be discharged as long as their is not a lien against your home. If there is a lien then your personal liability as to the pre-filing dues is discharged but the lien remains attached to the property.

  4. Post-petition HOA fees are problematic because they continue to accrue until the property is transferred out of the debtor's name. Different methods have been employed to speed up the transfer of title to minimize the amount. Conversion from one chapter to another does not change the filing date. The date the first petition was filed is considered the filing date. There is not a reset upon conversion. If the first case is dismissed and a second case is filed, then there is a new filing date, because it is a new case.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics