Weldon, CA Bankruptcy Law Firms & Lawyers

Any past due HOA fees owed up to the time you filed bankruptcy in July, 2010 are discharged, if you received a discharge in your bankruptcy case. The problem comes in when a home with HOA dues is foreclosed upon, but the title doesn't actually transfer. This appears to be the case with you. The home foreclosed in May, 2011, however, it just sold in November, 2011. Those fees should have been paid by the Lender that foreclosed because you are correct in that liens must be cleared to clear title for the purchaser [If there was a lien] Generally, the homeowner remains liable for HOA dues during the time they remain on title to the property. This poses a problem to folks like yourself who have otherwise abandoned the property and the home was foreclosed, yet the bank fails to transfer title and take back the property from you. It's highly likely that you may be obligated to pay HOA dues from the time your bk case was filed in July, 2010 up to the time of foreclosure in May, 2011. Call them to work out a payment plan and call the escrow company to find out if the past due fees were paid through the sale transaction.

If the accident happened before your case was filed, you should have disclosed the possible claim on your petition If the accident happened after your case was filed and you did not receive the settlement until more than six months after filing, then you don't need to report it to the trustee.

When you file for bankruptcy, you are required by law to disclose all your debts and all your assets. You can not pick and choose to list your debts in bankruptcy case. After you file for chapter 7 bankruptcy, you have option to reaffirm certain debts.