If HOA’s dues were included in a discharged bankruptcy, if a payment is then missed is the whole balance reinstated?
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If HOA’s dues were included in a discharged bankruptcy, if a payment is then missed is the whole balance reinstated?
Asked on November 2, 2010 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally speaking when a debt is discharged in bankruptcy it is wiped out as to the debtor. That's it. Gone for good. Are you sure that you discharged the prior HOA fees that were due or did you reaffirm the debt to pay it off? Reaffirming the debt - which many people do with their mortgages to keep their homes - is different. Do you have a copy of your bankruptcy filing and your discharge of the debt? Then I would take a look at it and possibly contact your trustee or attorney that helped you with it. See where the problem lies. And if the debt was definitely discharged show the HOA by giving them a copy of the discharge. Good luck.
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