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

UPDATED: Aug 24, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 24, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption