Legal Question in Real Estate Law in California

If an HOA filed a judgement against me for a house I lost in foreclosure and claimed bankruptcy back in 2009 and now they are asking for payment on unpaid HOA dues, but I can't pay them, what can I do?


Asked on 2/15/12, 9:02 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The answer, if there is one, probably lies in the relief you obtained in your bankruptcy case. In general, a bankruptcy filing and discharge will relieve you of all debts that were listed, but not those that you "forgot" to list in the appropriate schedule. Go back in your records and see whether you listed the HOA as a creditor. If you no longer have your files, you can get a copy from the court clerk or on line via www.pacer.gov

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Answered on 2/16/12, 9:56 am
Terry A. Nelson Nelson & Lawless

If you listed that debt in your BK, then send the HOA attorney a copy of the BK filing, and demand they set aside the judgment and dismiss the case. If they won't do so, then you'll have to file a motion in court.

If you didn't list them in the BK, you may have to file a motion in the civil court, and possibly in the BK court, to try to set aside the judgment.

If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 2/16/12, 10:44 am
Anthony Roach Law Office of Anthony A. Roach

Claimed bankruptcy? Or did you file bankruptcy, properly schedule the HOA, and get a discharge?

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Answered on 2/21/12, 11:52 am


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