What to do if I believe that my HOA is passing pre-petition attorney expenses off as post petition attorney’s fees?

An HOA attorney is listed as unsecured creditor in a Chapter13. They were scheduled to receive no payment through the repayment plan. The attorney’s fees were not included in the proof of claim for the HOA dues in arrears. The attorney fees were not included in the lien placed on property prior to the filing either. The completed payments through the plan satisfied the lien. Do I have to pay those legal fees?

Asked on August 27, 2014 under Bankruptcy Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are not responsible for those pre-petition fees and if the court catches wind these were actually earned prior to bankruptcy, and the attorney is trying to make them appear as newly earned, the attorney and HOA may be indebted to you and may be liable for fraud and possible disbarment for the lawyer. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.