Question

  03/23/12, 2:02 pm
I am short selling my home. Last year we filed BK and the case was dischared.During the discharge of the debt our attorny died! the case had the past HOA fees in the BK. The HOA put a lein on the property and it now causing a stiking point in the short sale. My realtor is pressing me to pay the past fees that where discharged in order to make the sale go through. If I paid these fees, is there a chance any of my other creditors could come back for any money?
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United States   |   California  |  Bankruptcy Law
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Answer

David Gibbs Says:

Mar 23,2012 6:40 PM

The timing of the HOA lien is really critical to determining to what extent the past-due HOA dues were discharged. Any dues owed prior-to the date of filing bankruptcy are dischargeable. However, if a lien was placed against the property prior-to the bankruptcy case being filed, then the lien survives and to sell the home you will have to pay the past-due amounts. Any HOA dues which accrued after the bankruptcy was filed are not discharged, and are owed. If, however, the lien securing the unpaid dues was filed after the bankruptcy was filed, there are a whole host of new issues to analyze - too many to list here. I would suggest that before you pay the fees, buy an hour or two of a bankruptcy attorney's time to analyze what you really owe and what you do not owe. To answer your more direct question, there is no chance that paying the HOA dues opens the door for other creditors to seek repayment for a discharged obligation. You may voluntarily repay any debt discharged in bankruptcy after the case is closed. *Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."


David Gibbs
The Gibbs Law Firm, APC
110 E Avenida Palizada, Ste 201,San Clemente, CA 92672
949-492-9494
http://gibbslaw.com

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