Legal Question in Bankruptcy in California
Can I discharge homeowners association dues in bankruptcy ?
Asked on 7/13/11, 9:23 pm
2 Answer from Attorneys
Tony Carballo
Carballo Law Offices
I do not believe that you can discharge HO dues that become due after filing the bankruptcy case. There is a great deal of controversy over whether or not post-filing HO dues are dischargeable but I believe most bankrutpcy courts in California would hold that they are not dischargeable, particularly if you remain in possession of the property and don't pay the dues. The good news is that usually the bank pays the outstanding dues before the foreclosure so that the bank can obtain clear title and sell the property and the debt to the bank is dischargeable.
Answered on 7/14/11, 11:54 am
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