Legal Question in Bankruptcy in California

My Chapter 7 was discharge June 2012. On 10/25/12 I received notice I was being sued by my old home owners association for dues from 2008 to 2012. I didn't know I owed them so they weren't named in my bankruptcy. Does this mean I have to pay if I lose in court? I hadn't lived in the home since 2005, my mother did & forced me out although the loan was in my name only.


Asked on 11/08/12, 8:40 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

If you had a "no asset" Chapter 7 case, then you do not owe the HOA dues through the date that you file your case. You do owe the fees that have accrued since then.

Ask your attorney to send them a letter about the pre-petition dues and cut a deal to pay the rest.

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Answered on 11/08/12, 9:12 pm
Charles Andersen Charles Andersen, Atty

Absolute Law Debts not listed on your case are not discharged. What you need to do now is re-open the case to add them to the creditor list. You have to pay a new filing cost to do this with a motion to re-open and notice to the creditors. The total attorneys fee's involved if done through us is about $450.00 + court.

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Answered on 11/09/12, 9:51 am


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