Legal Question in Bankruptcy in Maryland

Re: Colllection ability after chapter 7 filed

The owner is liable if s/he continued to occupy the premises post-petition, pre-sale. Whether you can file a legal action depends on who you are and what you want to sue for.

Re: Colllection ability after chapter 7 filed

The HOA fees were not properly discharged and are no

longer subject to the automatic stay; thus, they are

recoverable. Post-petition remedy will not likely

be of much use in this case. Was the HOA properly notified

as to the petition? If so, it is possible that the lack

of action on their part to file for recovery during cram down

may be actionable. There are a number of factors involved and

information not provided. In any event, how expensive are the HOA

fees and is this now merely a matter of principle? Legal fees to

attempt to avoid the HOA fees will likely exceed the HOA fees.

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EXISTS. WHEN CONFRONTED WITH A LEGAL ISSUE, THE BEST ADVICE IS TO OBTAIN THE SERVICE

OF AN ATTORNEY.