Can HOA file state court action and try to collect debt even after Ch 7?
Asked on Mon, 06/03/2013 - 10:18 Anonymous
I successfully got my BK7 discharge, and the HOA was included. How can they file court action against me even after that? Can they still foreclose on the home?
The Home Owners Associations are treated differently from the standard creditors during the bankruptcy process. While your pre-petition arrears might have been discharged, you’ll be still held liable for the post-petition dues. Since the HOA still has the lien on the property, they can easily foreclose on your home for those debts.
The Home Owners Associations are treated differently from the standard creditors during the bankruptcy process. While your pre-petition arrears might have been discharged, you’ll be still held liable for the post-petition dues. Since the HOA still has the lien on the property, they can easily foreclose on your home for those debts.