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HOA fees discharged if property turned in

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    HOA fees discharged if property turned in

    I can't recall if we added the HOA fees for the two properties we are turning in with the bankruptcy. We owe thousands in HOA fees. Do these charged get wiped out when we turn in the properties or did we need to list them? And if we didn't are we liable?

    I'll call my attorney tomorrow about it.
    8/5/08 - Filed Chapter 7
    9/10/08 - 341 Meeting - It went great
    11/10/08 - Last day for Objections
    11/12/08 - Discharged & Closed!

    #2
    I lived once in a condo and I’m going to guess at this. The Home Owners fees apply to the Home Owner. You soon will not be that. I would guess that they don’t have a thing on you. Now you might look up your paperwork on the original purchase and see what goes on. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      You have to add them for the amount you owe to be discharged and after that the bank is responsible for the fees, since you will not be the owner anymore.

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        #4
        What if you are current on these fees when you file, but later decide to give up the condo, and would like to stay in it, going forward, as long as possible -- while foreclosure is taking place? Do you have to pay them? Are they dischargeable or are you stuck with paying them until the foreclosure is complete?
        Filed Ch 7 -- July 9, 2008
        341 mtg ---- August 14, 2008
        Discharged ---- October 17, 2008
        Closed --------- December 11, 2009!

        Comment


          #5
          Originally posted by PoorGrammyinBK7 View Post
          What if you are current on these fees when you file, but later decide to give up the condo, and would like to stay in it, going forward, as long as possible -- while foreclosure is taking place? Do you have to pay them? Are they dischargeable or are you stuck with paying them until the foreclosure is complete?
          So, you'll list the HOA as a creditor and, the key here, all fees prior to the petition (filing your bankruptcy) will be discharged. However, post-petition fees are your responsibility(Someone tell me if my long posts are annoying. I'm new here!)
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Ok, whew! I checked my paperwork and we did include them in the list of creditors
            8/5/08 - Filed Chapter 7
            9/10/08 - 341 Meeting - It went great
            11/10/08 - Last day for Objections
            11/12/08 - Discharged & Closed!

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              #7
              I got a letter from the HOA's attorney. I had a feeling it was coming. You are responsible for the post-petition dues. Bt, the letter I got from their office was misleading. There was no final amount due, it just said I owe $211.81 in past due assessments, late fees, legal fees and other charges. The monthly fee was $200.00. My attorney was not much help. He was telling me to do nothing, and said he isn't going to contact them and neither should I. Then he said just send them $211.81 and write final payment, paid in full. He said they did make an error in the letter, but that is not exactly binding.
              Filed November 2 2007
              341 Meeting January 4 2008
              DISCHARGED March 11 2008

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