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

Answers:

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. 


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