Legal Question in Bankruptcy in California
I have a judgement against me from my former HOA for 6 months of HOA fees during the time of my forclosure. I am due in court next week for an asset hearing. Can I still file bankruptcy on this matter? If not, what are my options? I am being laid off at the end of February and have no other assets. Thanks for the info.
3 Answers from Attorneys
By an asset hearing, do you mean a debtor's examination? A debtor's examination is just another method of enforcing a judgment and can be stayed by a bankruptcy filing (although a notice of the BK filing should be lodged with the court prior to the hearing so the court does not issue a bench warrant for your failure to appear or you should appear with a conformed copy of your BK filing).
You should have no difficulty filing a bankruptcy in the matter and staying execution of the judgment. However, without further information it would be impossible for me to advise whether a bankruptcy would be in your best interest. You need the advice of local counsel who can advise you after reviewing your particular facts.
Yes.
This answer (as well as our Web site) by San Diego Bankruptcy Attorney, Asaph Abrams doesn�t address all facts & implications of the question; it�s general bankruptcy info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA bankruptcy law only and certain facts may be relevant to the San Diego Bankruptcy Court only; it�s independent of other answers. Seek legal counsel before acting on or refraining from bankruptcy- or other legal-action.
You can't bankruptcy the HOA fee's but you can stop a foreclosure and pay the arrears off over time in a chapter 13 plan.
Usually if you have other debts that you are paying on everything is put under one payment in a cram down. Secured arrears can usually be paid under the plan at the expense of the share received by the unsecured creditors, as well as your bankruptcy attorneys fees.
http://www.superdebtbuster.com
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