What to do if I went through a bankruptcy that was finalized almost 1 1/2 years ago and I lost my home but the HOA is still attempting to collect monies?
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What to do if I went through a bankruptcy that was finalized almost 1 1/2 years ago and I lost my home but the HOA is still attempting to collect monies?
I attempted to resolve the issue by paying all fees, to include late payment fees, from the date the bankruptcy was finalized to the date the home was sold. The HOA refused this payment and is seeking to collect the debt, to include lawyer fees before my discharge date, when the bankruptcy was to dispose of these charges. Do I have an action to have them to cease this actions?
Asked on April 29, 2012 under Bankruptcy Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the former HOA is still seeking monies from you prior to the date of your bankruptcy filing and up to it, such claimed debt owed by you seemingly would be discharged with respect to your successful bankruptcy discharge. If you owned your property subject to HOA fees from the date of your bankruptcy filing and until foreclosure, you might be obligated for such HOA fees unless the order of discharge clearly sets forth the fact that you are not.
I would consult your former bankruptcy attorney about the situation that you are writing about to clarify the time period where your debts were discharged. Once confirmed, I would write the HOA setting forth your position as to what claimed debts you owe it were successfully discharged and for what specific time period. Keep a copy of this letter for future use and need.
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