What are my financial obligations after bankruptcy regarding HOA and related fees on a piece of real estate I surrendered?

I filed Chapter 7 about 16 months ago and received my discharge 3 months later. As a part of the bankruptcy, I surrendered an investment home building lot property that is located in a gated country club community. Ownership of that lot required HOA dues and a country club membership. The HOA has placed 2 liens on the lot for past due HOA dues. The country club is threatening judgement for past due membership dues. The bank is now foreclosing on the lot. Am I legally obligated to pay the past due HOA and CC dues that had accumulated before filing bankruptcy and since discharge until now?

Asked on August 24, 2011 Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you filed a Chapter 7 bankrupcy protection and received a discharge, all obligations and claims that you would have been obligated for prior to the bankruptcy filing are discharged. Meaning, you owe no further oblihations to creditors including the homeowner's association for unpaid association fees and dues as of the date you filed for this protection.

However, assuming you were still on legal title to the property subject to dues from the association after you filed for bankruptcy protection, you would not be discharged from the obligation to pay these unpaid fees and dues so long as you own such property.

If you had a bankruptcy attorney assisting you in your filing, you should contact her or him concerning any further questions you may have concerning the effect of the discharge.

Good luck.


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