I am a member of an HOA and one of our members has not paid his dues in quite some time. We have already filed an assessment lien against the property. We were going to foreclose and evict the owner but he recently filed for Chapter 7 Bankruptcy. I know that our past fees are discharged, but the lien remains, and that while he is in Bankruptcy we can't take any action to collect our fees. My question is what can the HOA do to collect POST-petition HOA fees? Are post-petition fees also protected by automatic stay? How long do we have to wait before we can send a notice of fees due? And what options do we have to collect any pre or post petition dues? Any help is appreciated. Thanks!
Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.
A lien gives a creditor certain rights to a debtor's property in order to ensure payment of a debt. Liens can be either voluntary or involuntary.
by attorney Stuart Steingraber