Home Owners Association Fees and Bankruptcy

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One of our readers, Chris, had this question for us:

We are having the house discharged in a bankruptcy. Once the debt of the mortgage is discharged who is responsible for the HOA and COA fees? Is it the bank (Trustee) or us?

Thank you for your time,
Chris

Hey Chris, thanks for your question. Laws vary by state, so this is a question you definitely need to ask your bankruptcy lawyer. However, a general rule of thumb is this:

Any fees you owed prior to the date you filed for bankruptcy will be discharged along with your bankruptcy. Any fees charged to you after the date you filed bankruptcy do not get included in your bankruptcy debt.

Please note that this is the date of filing your bankruptcy, not the date of your discharge. So if the fees were tacked on after you filed for bankruptcy, you do owe them.

Thanks for your question, and best of luck in your proceedings.





We also had another reader, Freddie, who asked this question:

I just got my discharge papers and want to get a car at CARMAX, How long should I wait after bankruptcy to apply for a car loan?

Thanks for your question Freddie. You can apply for a car loan at any time as long as your bankruptcy has been discharged. You do not have to wait if you can find a company willing to work with you.

If you do get financed at CARMAX, will you drop us an email or leave us a comment and tell us about the experience?

Thanks again for your question!

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One Response to “Home Owners Association Fees and Bankruptcy”

  1. Teresa Says:

    I included my HOA past due assessment fees in my 09-2008 Bankruptcy. I was DISCHARGED of all debts. I just searched online Official Records and saw a Claim of Lien filed this April 2009.

    They did not record a Lien before or after my Bk was filed.
    They did not submitt a Proof of Claim to the Trustee.

    Are they in Violation and if so how should I contact?

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