Legal Question in Credit and Debt Law in California
My fianc� has court this Friday. His former HOA is coming after him for dues from 4 years ago. His condo went into foreclosure. Our question is if he is going to file for bankruptcy and including this matter on it, does he have to file it before going into court or can it be included on a bk if there is a judgement? Thank you for your time and information! It is greatly appreciated!
2 Answers from Attorneys
He can file bankruptcy, without any real disruption or additional work, prior to their obtaining a judgment against him.
A bankruptcy discharge will get rid of all HOA dues that were incurred prior to the judgment but not any post bankruptcy dues if he is still on title to the unit. A bankruptcy discharge will void the HOAs judgment if they obtain one prior to him filing for bankruptcy.
If the HOA gets a judgment and records judgment liens, he might have to pay extra to remove those liens.