My husband and I filed bk a little over a year ago and were discharged last August. Part of our debt included HOA fees. We now have a pre-bk account and a post bk account. Among other issues between the HOA, management company and the atty (that I am considering hiring an atty for), the atty claims that I am being charged and will continue to be charged legal fees on the PRE-bk balance which was discharged. Is this legal?
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No. There was in the not so distant past a rather lengthy thread with a gentleman fighting his HOA for debt that was discharged that he otherwise kept paying on until the house was taken back. If I can find it i'll repost it here later. If I recall they kept applying his payments to the old debt and not the recurring, new debt.
He ended up taking them to court more then once, and winning with rather amusing results.3/2/09- Filed: chapter 7 / No asset
4/1/09- 341 Hearing: 1 creditor showed up
Got to love family feuds
4/2/09- Trustee Report of No Distribution Filed
6/24/09- Discharged and case closed
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No, attempting to charge collection costs on a discharged debt is a violation of the discharge injunction. See if you can get something in writing saying that you are being billed for these fees (such as a dunning letter, statement, etc.) and have your attorney sue the HOA and its collection law firm for damages. You can make some money off of this!Comment
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