Legal Question in Real Estate Law in California

I foreclosed on a house and also did a Ch. 7 BK. I got sued in small claims court by the HOA for past due HOA dues plus penalties. Do I have to pay these dues? They have a filed a judgment, can they collect on this judgment?

I need help. I simply cannot pay this back right now. I'm unemployed.


Asked on 2/15/11, 12:18 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Did you get a discharge of the HOA's fees in bankruptcy? Did you tell the judge in small claims that you had filed Chapter 7 banktruptcy? Was the bankruptcy pending when the HOA filed the small claims action? Did you ever give the small claims judge notice of the bankruptcy?

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Answered on 2/15/11, 12:35 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The sequence of events will be all-important. A bankruptcy that is discharged in May doesn't have any impact on debts you incur in June.

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Answered on 2/15/11, 12:41 pm


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