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.


Asked on 1/27/14, 7:01 pm

3 Answers from Attorneys

Julian Summers Law Office of Julian Summers

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.

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Answered on 1/27/14, 11:05 pm
Asaph Abrams Law Office of Asaph Abrams

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.

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Answered on 1/28/14, 12:21 pm
Charles Andersen Charles Andersen, Atty

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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Answered on 1/28/14, 5:33 pm


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