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I am filing chap 7 in New York. I own a condo. I have a lien for maintenance fees and a past balance due.

Poughkeepsie, NY |

If I decide to keep this condo as my primary residence what will happen to these maintenance fees (about $9,000 after all the extra fees and legal fees) that have not been paid and now the board has placed a lien against the property. Can these fees and lien be released during a chapter 7 filing? Along with these liens there is a years worth of past property taxes that are past due from the prior 2007 year. The 2008 taxes were paid by my mortgage lender. Can these taxes be released in a chap 7? I did think of possibly negotiating with the board for a reduced amount of one third the outstanding balance. Any assistance would be appreciated Thanks

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Attorney answers 1


Condo fees that you incurred prior to the filing of your bankruptcy case are dischargeable. However, any fee that you incur after the filing date of the case will not be discharged.

As for the lien, you are able to strip off the lien to the extent that it impairs an exemption. It will be very important for you to record a homestead prior to the filing of your case. Also, it is likely that your attorney will charge an additional fee for removing the lien. It will be well worth it.

As for the taxes, those are not going away and you will have to pay them.

You should contact a local attorney who will be able to help you with the laws in your jurisdiction. If you need a referral try your local bar association or the National Association of Consumer Bankruptcy Attorneys (

Good luck,

Robert Kovacs

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