My no-asset chapter 7 bankruptcy was filed in April 2017, and discharged in July 2017. I had previously owned a home in Georgia that was foreclosed on early-mid 2015 and actually sold at auction around December 2015 (I actually got a check, as they managed to sell it above what I owed on my mortgage).
Today, 3/14/2018, I got a letter in the mail from a debt collection agency saying I owe them almost $5000 in dues, fines interest and penalties. I called them, explained the home was sold almost 2 years prior to my filing, and they said I still owe $1500 because that's the "amount that's accrued post-discharge." The HOA was not included in my filing, because I didn't think I owed them anything at the time. Didn't my liability for paying HOA dues end when the house was sold? Despite my mistake of leaving them out of my bankruptcy filing, wasn't whatever I owed them discharged along with everything else? Do I actually have to pay this?
Check with a TN attorney, but in my opinion, no, your responsibility for any HOA dues stopped when the title transferred when the foreclosure occurred. If you had a no asset case, then any personal liability for any debts would have been discharged and they could only proceed against any liens they had on the property that had previously been sold.
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I agree with Attorney Caldwell. If a no asset case, even a missed creditor the debt is discharged AND that includes pre petition HOA dues. 11 USC 523(A)(16) !! Good luck. There is NO interest that accrues as the debt was discharged too.
I am a little confused by your question. The date of your discharge is irrelevant to whether a debt would be covered by the discharge. All that matters is the debt owed when the case was filed. Hope this perspective helps!
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