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    taxe?

    If we have been discharged. in 2010.
    Do we need to do anything on our taxes Returns? Do we have to pay taxes
    on chapter 7 discharge?
    we do not owe any back taxes.

    Also a question if anyone knows how to get HOA off your back you gave up the house in BK but the bank hasn't started foreclosure yet (since Sept 2010) but HOA wants you to pay and now they want to put a lien on house that we gave up and not living there.
    Please advise.

    #2
    First, there are no taxes to pay on your bankruptcy. If the trustee didn't advise you to send him/her a copy of your tax return, then you should be ok. If he/she did ask for them, then there is a possibility they may ask you to turn over a portion of the refund.

    As far as the HOA, unfortunately, you are responsible for the HOA fees post filing and up to the point where the foreclosure sale takes place. I'm not sure how this will play out if they seek to place a lien on a home you've surrendered through bankruptcy though.
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #3
      Thank You no nothing was said for the new tax year. as discharge was Sept 2010 341 was July 2010.
      As for HOA I have no idea when the bank will start forclosure and don't know what to do as HOA breathing down my neck and I don't even live there nor in that state.
      And don't have the money to pay it.

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        #4
        Originally posted by energy View Post
        As for HOA I have no idea when the bank will start forclosure and don't know what to do as HOA breathing down my neck and I don't even live there nor in that state. And don't have the money to pay it.
        Normally the HOA will put a lien against the property. If they do that, then they will be paid first at the foreclosure auction. They can also initiate foreclosure. The debt would then be satisfied when the property sells. In the event that doesn't happen, as f2b explained in her post, you are personally liable for the debt. If I were you, I would encourage the HOA to put a lien on the property.
        Last edited by debee; 01-10-2011, 01:06 AM.
        There are two secrets for success in life:
        1.) Never tell everything you know.

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          #5
          Hi energy,

          I agree w/ debee, you want the HOA to put a lien on your property. Apparently some HOA are spawn of Dante's 4th level of hell, so keeping them appeased w/ a lein is a good thing.

          ...and to be fair, I'm sure there are plenty of good, reasonably HOAs out there, we just hear about the worst cases.

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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