Including Homeowners Association on petition

[Ann]

All, today I started to do my "homework" packet that my lawyer had given us to fill out prior to filing. Here is my question... Must I list my homeowners association and give their full address and contact number? I really do not want to do this. Reason? These people happen to be my neighbors. NO WAY do I want them finding out about this. I might as well post a sign at the entrance of my sub stating "HELLO....WE ARE FILING BANKRUPTCY"... I do not owe any back association fees. What would you do?????

[helpinfla]

You will list them as an expense on your schedule but you wont need to provide the address of the HOA. You will not list them on your list of creditors because they are not creditors......you owe them nothing and the ongoing monthly fee is not considered debt.

[spearmint]

I thought that if you stay in the home, you HAVE to pay the past debt even if you file Ch7. Is that correct?

[Ann]

Maybe I should have asked this a different way... I currently owe nothing past or present to my homeowners association. However, on the documents my lawyers office gave to me to fill out it asks if we belong to a homeowners association and if you do list the name and address of that association. When I called the office one of the staff members says I must list them to "protect" my interest. I asked if they are notified of the filing and she said yes that they have to be notified. I explained that the board members of our association are my actual neighbors and she said she understood but that they have to be notified. I so disagree. I will forgo adding them as an expense. I'm telling you these people are so "gossipy" and for sure it would take no time for anyone in my neighborhood to learn of this. The first lawyer I had did not ask about this and I honestly see no reason in them having to know. Does anyone here disagree with me?

[helpinfla]

I would listen to your attorney or at least ask them what "interest" you are protecting if you owe them no money.

In any case you said you will forgo adding them as an expense......why? you are willing to risk defraduing your bankruptcy case in order to hide the fact from your neighbors that you are acting in a financially intelligent way and utilizing the laws of the USA as they are written to protect yourself?

Until the gossipy neighbors show up with a pile of cash to help you pay your back debts i wouldn't worry too much about what they think.

I still fail to see why you would need to notify a non creditor of your BK.....it will be interesting to see what your attorney says. If that was the case then you would need to notify the power company, the telephone company, the cable company and so on. That simply isn't the case. Those entities are considered expenses not creditors.

One last thing just to make sure we're on the same page. Plan on paying the HOA until you are foreclosed on no matter what. They will begin the foreclosure process as soon as possible to collect their fees, while some banks are waiting for as long as possible.

[Ann]

Help, we are NOT on the same page here and to assume I would "defraud" my bankruptcy case makes me MAD!!! I have done everything humanly possible to do EVERYTHING by the book so don't assume ANYTHING about me!!! Why are you talking about foreclosure... I never said anything about foreclosure... I am keeping my home. Also, this year there was no fees collected by our association (due to a surplus) so technically I wouldnt add that as an expense anyway. Does anyone here agree with me?

[helpinfla]

okay i'll say i agree with you cause thats apparently what you want to hear.

I agree with you

[newbie2]

Help, we are NOT on the same page here and to assume I would "defraud" my bankruptcy case makes me MAD!!! I have done everything humanly possible to do EVERYTHING by the book so don't assume ANYTHING about me!!! Why are you talking about foreclosure... I never said anything about foreclosure... I am keeping my home. Also, this year there was no fees collected by our association (due to a surplus) so technically I wouldnt add that as an expense anyway. Does anyone here agree with me?

Ann, I would talk to the attorney in person about this. You don't owe the association any money, nor are you being billed this year for anything. I can understand that they need to be added to the petition, but perhaps they can be left off the creditors matrix and not receive a notification that you filed.

Don't ask the secretarys or paralegals - let the attorney know you want to leave the association off the matrix.

[spetkovich]

To "defraud" can seem like a kind of inflamatory word, but it could cause serious problems to intentionally misrepresent any information on your bankruptcy petition-- for example, omitting a reasonable and necessary expense that you know is standard to disclose, such as your HOA.

However, HOA's are typically only included if the property is being surrendered or if the HOA is threatening a lien on the property for unpaid association fees. Neither of these situations apply to your case, so while it is standard to include the HOA as a creditor in some cases, it would not appear to be necessary in yours.