Can you add creditors after confirmation?

[espo1357]

Just wondering.
I have association fees that I am no longer paying, but didn't list those dummies in my 13...

or was I the dummy for not listing them?

At the time, I was current with them, so I didn't think to list.

thanks!

[timecoloured]

I don't know if it varies state to state, but we were told we had to continue to pay HOA fees until we no longer occupy the property.

[HHM]

If you were current at the time of "filing", then why would you have listed them.

HOA dues that come due after the bK is filed are not part of the bk.

[catleg]

Just curious about something HHM.

In my district, part of the order converting a case to a 7 (from 13) is to provide a list of debts incurred between the inception of the case (filing date) and conversion (order date).

Why would that be? Are those debts dischargeable?

Moot point for most people but might matter for some, like this issue with HOA.

[despritfreya]

HHM said "HOA dues that come due after the bK is filed are not part of the bk.". This is correct in the context of a Chapter 7 under 11 USC 523(a)(16) but it is not correct in a Chapter 13, assuming the debtor obtains a Chapter 13 Discharge under 1328(a).

523(a)(16) does not apply under Chapter 1328(a)(2) therefore, if the debtor surrenders the property, pre and post petition HOA fees are dischargeable.

On the other hand, since unpaid HOA fees act as a lien on the property, and such liens, for the most part, pass through the bk unaffected, if the debtor wishes to keep the property, the dues should be paid.

The OP should immediately amend Schedule D.

[despritfreya]

In response to:

"In my district, part of the order converting a case to a 7 (from 13) is to provide a list of debts incurred between the inception of the case (filing date) and conversion (order date)."

See 11 USC 348(d) which applies in all cases and in all district. But then HOA post petition dues will not be dischargeable.

[espo1357]

Appreciate all the responses. You all are great.

Deciding on keeping this home has "my boxers in a knot", and the more knowledge, the better decision I will make.

Today, I am keeping the home.

LOL.