Am I still liable for HOA fees on my condo prior to my bankruptcy discharge, if I am still the owner until the foreclosure sale?

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Am I still liable for HOA fees on my condo prior to my bankruptcy discharge, if I am still the owner until the foreclosure sale?

I am current with my HOA fees following my bankruptcy discharge to the present.

Asked on March 27, 2012 under Bankruptcy Law, Maryland

Answers:

Terri Brown / Terri L. Brown, LLC

Answered 9 years ago | Contributor

"shorter version" - you can discharge fees that were incurred before the bankruptcy - but you would be responsible for fees which were incurred after you filed.  You are responsible for those fees (AFTER) until you vacate the property.  Remember this pointer -everything stops the day you file bankruptcy.  Everything starts over the same day.

John Christiansen / McKell Christiansen Law

Answered 9 years ago | Contributor

11 U.S.C. 523(a)(16) has your answer:

(16) for a fee or assessment that becomes due and payable after the order for relief to a membership association with respect to the debtor’s interest in a unit that has condominium ownership, in a share of a cooperative corporation, or a lot in a homeowners association, for as long as the debtor or the trustee has a legal, equitable, or possessory ownership interest in such unit, such corporation, or such lot, but nothing in this paragraph shall except from discharge the debt of a debtor for a membership association fee or assessment for a period arising before entry of the order for relief in a pending or subsequent bankruptcy case;

Typically HOA fees incur until title is transferred; absent a provision in your CCNR provisions


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