Legal Question in Bankruptcy in California

I am trying to do a loan modification on my rental & personal residence...I hear it is not a good idea to be in BK while applying for a loan modification. I have also tried to make a re payment plan to pay my delinquent HOA Dues, but they will not work with me.

I would love to have my past due HOA dues included in my Chapter 7 BK..Is it possible to include them or do you try to deal with them? I just want to keep my property & have a payment I can afford (after the loan modification hopefully) I had 3 knee surgeries in 2009 & couldn't work very much. I am also in the Real Estate Industry and couldn't make an income to live on. Can I come in for a consultation ?

Thanks so much,

Kris Olson


Asked on 3/09/10, 12:52 am

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

With regard to mortgage modification: timing is always of the essence in bankruptcy, so it's best to consult with a bankruptcy attorney sooner rather than later.

HOA fees that were incurred before you filed your petition can be discharged (canceled).

Disclaimer: the above is not legal advice and should not be relied upon. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars.

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Answered on 3/14/10, 10:04 am


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