I want to directly request sanction from BK Court as HOA creditor continues to demand payment of past dues pre-filing BK even though they have copy of the discharge order. They are saying that our BK has terminated and we no longer have automatic stay protection. If your fees are reasonable, I'd like to speak with you.
You are correct that any pre-petition HOA fees are discharged. You are still responsible for any HOA fees incurred post-filing, however. A violation of the automatic stay/violation of discharge is brought into the bankruptcy court either by a motion for contempt or an adversary proceeding (depending on jurisdiction). You can find competent bankruptcy counsel for your area at www.nacba.com.
The answers to these questions may be different depending on your individual circumstance and should not be considered as legal advice or the establishment of an attorney-client relationship.
If the HOA recorded a lien prior to the filing of your bankruptcy, they can still enforce the lien by foreclosing. If you are still on title to the unit, you owe all dues that accrued after the filing of your bankruptcy.
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.
You need to understand that they *do* have a valid lien for the pre-petition fees.
The notion that they need to file this pre-petition is incorrect under Nevada law, although it is true in many other states.
They cannot sue you for it, but they can foreclose upon the collateral (the home).
"Pay us or else we sue" is a discharge violation. "We are foreclosing if these are not taken care of in two weeks" is not. (and seriously, would you prefer they just foreclose *without* giving you a chance?)
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