Legal Question in Bankruptcy in California

can I Wipe Out HOA Back Payments

I am in CA

I filed a C-7 In Pro Se and forgot to list as a debt back HOA payments. I owe about $3600 over the last 3 years They are send me letters saying that they wil foreclose if I don't agree to pay them $600 per month for the next 6 months.

Can I do an amendment to add the back HOA dues to my bk? Will they be discharged? My BK is not discharged yet


Asked on 4/20/09, 8:27 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: can I Wipe Out HOA Back Payments

You should try to amend the petition and file a motion to remove the lien. Contact me directly.

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Answered on 4/21/09, 12:33 pm
Brian Whitaker Lifeline Legal, LLP

Re: can I Wipe Out HOA Back Payments

They will be discharged (those that you owed on the date of filing); but they retain a lien on your property. So if you want to keep and stay in the property, they will need to be paid.

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Answered on 4/20/09, 9:01 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: can I Wipe Out HOA Back Payments

I agree with my colleague Mr. Whitaker. I would only add that HOA dues that become due after the filing of your bankruptcy are not discharged.

Bankruptcy will wipe out the personal obligation to pay the pre-bankruptcy HOA dues, but any pre-bankruptcy lien will survive a Chapter 7 discharge.

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Answered on 4/20/09, 11:03 pm


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