Discharge from ch7, but HOA is getting nasty!

[ursula]

I filed Ch7 in Feb'09 and was discharged June '09. My Bk lawyer told me that I would still be responsible for my dues until the house is out of my name. So she told me to start paying again in March (because I was a few months behind) and continue until it sales. Well, since then each bill has padded costs on it. The April bill had a costs of $341 and it stated it was for "creative accounting expenses". Then in June there was a legal fee for $79. then in July there was a $119 fee for discharge of Bk legal filing. And practically every month since there has been an extra charge for something, which I have not been paying. I have now accumulated over $700 in additional fees through this association! I have been paying my normal monthly fees, except for the last two months I got behind(in which they doubled their once $5 late fee to $10 without notifying me). I am afraid they will try to take me to court over these horrendous fees! When I first bought my home almost 4 years ago, I let the HOA get behind, and they ended up taking me to court, and with legal fees they ended up getting a judgement for $3000! My attorney says this was added into the BK, but just last month the HOA's attorney sent me a letter that I am still obligated to pay the judgement which has now incurred intrest and is now at almost $5000!!!
Sorry this is so long, but my questions are, can they charge me all these extra fees? And am I obligated to pay this old judgement they had against me even though I filed for ch7?
Thanks in advance for any and all responses

[justbroke]

When I first bought my home almost 4 years ago, I let the HOA get behind, and they ended up taking me to court, and with legal fees they ended up getting a judgement for $3000! My attorney says this was added into the BK, but just last month the HOA's attorney sent me a letter that I am still obligated to pay the judgement which has now incurred intrest and is now at almost $5000!!!

Did you file a suggestion of bankruptcy or file your discharge injunction with the court that issued the Judgment? Did you give a copy of your discharge to the HOA's attorney?

Sorry this is so long, but my questions are, can they charge me all these extra fees? And am I obligated to pay this old judgement they had against me even though I filed for ch7?
Thanks in advance for any and all responses

Where is your BK attorney. You should re-consult them to insure that you are okay. See if they'll write a letter for you. Ask your attorney if they can take the "violation of stay" case on contingency, should it come to that.

[ursula]

No, none of that was filed because the judgement wasn't filed with the clerk's office prior to my bk filing. It went before the judge, and the judgement was issued but it had not been filed (prior to feb '09) I hope my attorney gave me the right info, and I wasn't supposed to file anything else. I really don't want to be obligated to pay this bill. As far as the hoa's attorney knowing about my BK, he knows because he mentions it in his letter, but still makes reference as to us needing to pay it....

[justbroke]

If they didn't file the judgment, then they are in contempt of court (Violation of the Automatic Stay). The Automatic Stay, stays the prosecution of any case, so they shouldn't have filed that Judgment.

You need to get with your BK attorney.