Can I file an harassment suit against condo association that is trying to collect a discherged debt?

My bankruptcy was discharged 5 years ago for my townhouse and condo fees. Yet the condo association has been after me to pay additional fees saying it hasn’t transferred in foreclosure to another party. The fees are over $70,000 and it has put that on my credit report saying I owe it this. In addition, it callsmy workplace 4 times a day using collection companies, now it wants me to sign something that allows it to rent it or it will sue me. This debt was discharged.

Asked on March 5, 2012 under Bankruptcy Law, New York

Answers:

Jeffrey D. Larkin / The Larkin Law Firm

Answered 8 years ago | Contributor

HOA dues that accummulate up to the date you file bankruptcy are dischargeable.  HOA dues that accumulate after the filing date but before the date the property is out of your name by foreclosure or otherwise are post-petition debts and collectible.  To the extent they are harassing you for post-petition dues incurred after the date you filed BK then they can do that.  If they are harassing you for dues owed prior to the date you filed BK then this is a discharge violation and you should have your case reopened and file an Order to Show Cause for violations of the BK discharge.


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