a couple questions home owners dues, electric, water

[michaelrj9]

Hi all thanks to this forum I got through my BK and it was discharged about a week ago.

My BK was a no asset and I gave up my house in the BK (Duplex)

My lawyer will not respond to my questions (after the time of filing ) and after the BK.

I know everything is too late to do now but just want to know for future reference (brother will be be doing the same thing in a month or so)

Is homeowners dues, electric and water bills dischargable in a BK? I gave all these bills at time of filing and he said he would contact them. He was very vague at the time of filing so I did not know if they were dischargable.

I am still receiving bills from homeowners, electric and water. What will happen If I do not pay them, judgement, garnish wages etc or nothing?

Home owners says that I am liable until the bank takes it over from a foreclosure.

I am confused about giving up my house in the BK. Does it still have to go through a foreclosure process or is it officially done because I gave it up in the BK.?
Will there be an additional foreclosure on my credit report? Right now my credit report only shows a BK

Thanks for your help.

Michael

[StartingOver08]

The homeowners dues are only dischargable to the extend you were behind on the date of filing, so yes you are responsible for the HOA dues from the date of filing to the date the bank takes over. HOWEVER, in practice, in some areas of the country the HOA just files a lien against the property to collect the past due from the lender when the foreclosure is complete and the lender sells to the new buyer. Other areas do go after you personally for the past due HOA dues.

Electric you can shut off. You can discharge pre-petition dept, but not post petition - you have to pay it until you shut off the power.

Water and sewer is similar in that the pre-petition debt is dischargeable - but the post petition debt you must pay. Many places put a lien on the property to collect the water bill from the new owner, but this is district specific (underlying state statues, not BK statutes).

Yes, your house continues in the foreclosure process so the lender can get rid of all of the jr liens. Since you surrendered the property in your BK, your house will show iib (included in bankruptcy) on your report. If it does not show that, you can correct it.