Florahome, FL Bankruptcy Law Firms & Lawyers

Under 11 U.S.C. section 523(a)(16) you are not discharged from post-petition association dues.    Section 523(a) lists a variety of debts that cannot be discharged in bankruptcy, including: … 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[.] § 523(a)(16) (emphasis added)You should check the law in Florida bankrutpcy decisions, but if the bank is the holder of the title then you would not be holder of title and if you are not in possession and have no equitable title to the property, such as a redemption claim, then the debt should be discharged. 

Chapter 13 can be an ideal way to bring past due mortgage payments current because you can take up to 5 years to accomplish this goal and pay $0 interest or penalties on the delinquent past due amount.

You are still obligated to the bank even if your ex-husband filed bankruptcy. You remain liable if you signed the promissory note. If your husband filed a chapter 7, and if the divorce agreement provides that he is indemnifying you or holding you harmless, then you can still enforce his agreement to you to be responsible for the mortgage debt. Many are not aware that though the hold harmless agreement cannot be eliminated in a chapter 7, that it can be eliminated with a chapter 13 bankruptcy.