Does this border on a violation of the automatic stay?

[sealpup]

My husband I were discharged from our Ch. 7 bk last August. This past week I have run into an issue with my HOA and their attorney. I have exchanged dozens of emails with the attorney regarding the handling of our account post-bk. I have not asked her one question about the account pre-bk. Several times she has mentioned their lien, their right to foreclose on the lien, etc. I finally got tired of it and told her that I was not discussing anything pre-bk with her, that I was only needing clarification of our account post-bk filing through the present. (Yes, I do realize what the lien means, their right to foreclose, etc). I told her that I am aware of the lien, what it means, etc, but that I am not seeking her legal advice, or info on the account pre-bk, just clarificaion on the current account. She of course stated that she is not giving me legal counsel. However, I am still in correspondence with her regarding what has happened with this account post-bk and she continues to find ways to mention the lien and the pre-bk amount owed. Does this border on a violation of the automatic stay, especially since I have asked her not to and clarified that I do not have questions for her about that??

[bcohen]

What is your intention regarding the house? Do you owe more than it's worth on the mortgage, and plan to ultimately surrender it? Or do you have equity which the HOA could foreclose on (assuming your state permits this)? If you are planning to continue owning the house, then this lien, as well as the dues and fees going forward will need to be paid. If you are planning to surrender the house, then I wouldn't pay the HOA a dime, either for the back dues, or for the dues going forward. They can continue to place liens on the house, which will have to be paid by the bank, or the eventual buyer, in order to obtain clear title.

[jst4f]

It has been my understanding that pre-BK HOA dues etc are discharged in the BK if they are listed in the appropriate schedules. However, post-BK HOA dues etc must be paid by the home owner. If not they can take legal action. Am I wrong?

[bcohen]

It has been my understanding that pre-BK HOA dues etc are discharged in the BK if they are listed in the appropriate schedules. However, post-BK HOA dues etc must be paid by the home owner. If not they can take legal action. Am I wrong?

You are right that pre-petition HOA dues are discharged if no lien has been filed. Otherwise, the lien survives bankruptcy. In some states, such as Florida, HOA dues automatically become a priority lien as soon as they become due. They don't have to sue you for that to happen. Bankruptcy discharges your personal liability for HOA dues which were due prior to filing, but the debt remains with the property, and still must be paid unless you are planning to surrender the home.

[sealpup]

Thank you all for your responses. I already know all of this and it wasn't quite what I was asking though. My basic question is can the lawyer for the HOA continually remind me via email of the lien when I have not inquired about the lien or anything pre-petition? Is continually being reminded of the lien and the amount owed to satisfy the lien, even after asking that it stop, an attempt to collect the debt from me which has been discharged?
At any rate my lawyer is sending them a letter warning them to stop their antics regarding this and a few other things.

[jst4f]

Sounds like your attorney is on the right path. Keep us posted on your progress.