Legal Question in Bankruptcy in Kentucky

Is Real Estate Lien w/ Judgement discharger by CH 7?

As a condo owner I was assessed $3,000 for what I believed to be a frivolous project that had no bearing on my unit. A lien was place on my property and a judgement eventually filed to collect this $3,000. The HOA was granted a judgement for the $3,000. I was advised to by someone on file Chapter 7 Bankruptcy. Will chapter 7 discharge this judgement and lien against my condominium? I am in Kentucky.


Asked on 10/22/04, 12:58 pm

1 Answer from Attorneys
Steven Schiller Steven L. Schiller, Attorney at Law

Re: Is Real Estate Lien w/ Judgement discharger by CH 7?

While a bankruptcy would discharge any personal obligation you had on the judgment, it's not going to remove the lien. Generally condominium agreements give homeowner's association fees the same effect as a mortgage. Therefore, the HOA can collect the money by, if necessary, bringing a foreclosure sale against the property.

There is a way of structuring this fee, as well as other debts, over a three to five year period in a Chapter 13. Please feel free to call if you would like to discuss further. My office is in Newport KY, 859-261-6811.

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Answered on 10/22/04, 1:23 pm


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