Filing Date: Is there a cushion?

[bkaz]

I filed on 2/17/10. My HOA (on a house I am surrendering and have not lived in since end of 08) sent me paperwork showing what I would owe if I got a discharge. They took off about 4900 of pre-filing debt, but they have a fine on there from HOA on 2/19/10 of 400. Is there a cushion or is it a cut and dry date of anything after 2/17? I don't think that fine should be included if I want to move forward and stay current with the HOA.

Also, Do you guys recommend paying off all the HOA debt and staying current or waiting them out and hoping the bank forecloses by the time they bring any civil suit?

Also, does anyone know if in AZ the bank is responsible for 12 months of past HOA dues from the time they foreclose on the property?

THanks.

[justbroke]

It's cut and dry. The date you file is the date that determines what is included in the bankruptcy and "subject" to discharge.

I'm unsure if Arizona has the same law as Florida does with respect to HOA/CA dues/fees on a property surrendered in bankruptcy.