topic Re: Liable for debt incurred during and after BK? in Bankruptcy

Liable for debt incurred during and after BK?

IOBA — Sat, 07 Apr 2012 02:45:57 GMT

My neighbor filed for BK and (I think) it was discharged.

The HOA dues (arrears) were included in the filing. The neighbor says she is forever free of ever having to pay HOA dues again. I don't think that is accurate.

I thought that all debt up until the date filed for BK can be discharged in the BK. But any debt incurred during and after the BK has to be paid. It's not automatically backdated to the BK filing.

Is she correct? The HOA wants to go after her for the debt incurred AFTER she filed. She told them to FOAD.

Re: Liable for debt incurred during and after BK?

Anonymous — Sat, 07 Apr 2012 12:22:05 GMT

yes person is liable for hoa dues from point after bk. if hoa dues are not paid then odds are they will sue, also any late payment or c/o is a kiss od death for getting any new credit. my advice is pay on time and never be late.

Re: Liable for debt incurred during and after BK?

StartingOver10 — Mon, 09 Apr 2012 00:37:11 GMT

@IOBA wrote:
My neighbor filed for BK and (I think) it was discharged.

The HOA dues (arrears) were included in the filing. The neighbor says she is forever free of ever having to pay HOA dues again. I don't think that is accurate.

I thought that all debt up until the date filed for BK can be discharged in the BK. But any debt incurred during and after the BK has to be paid. It's not automatically backdated to the BK filing.

Is she correct? The HOA wants to go after her for the debt incurred AFTER she filed. She told them to FOAD.

You are right. The debt she had with as of the filing date is discharged, as of her discharge date. However, the fees subsequent to the filing are hers to pay.

The HOA can not only come after the fees due since the filing date, they can pursue all their remedies including filing suit, obtaining a judgment, file a lien on her house and foreclose on the lien. Have her speak to her BK attorney if she wants to verify the process. Or she can look it up in her state's statutes.