What to do if I filed Chapter 7 and my mortgages were discharged but my HOA has filed a small claims lawsuit for assessments not paid after the bankruptcy filing?

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What to do if I filed Chapter 7 and my mortgages were discharged but my HOA has filed a small claims lawsuit for assessments not paid after the bankruptcy filing?

What recourse do I have?

Asked on February 20, 2013 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. If the HOA filed a lawsuit against you pending the bankruptcy filing you have which is in effect then under 11 U.S.C. section 362 there is an automatic stay as to the small claims matter precluding the lawsuit from going forward.


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