What to do if we were recently forced to file for Chapter 7 but are being forced to continue to pay our HOA fees?

UPDATED: Sep 24, 2013

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What to do if we were recently forced to file for Chapter 7 but are being forced to continue to pay our HOA fees?

The bankruptcy was discharged 2 months ago.We were advised that we had to pay our monthly HOA fee’s. We have paid them every month but the HOA has added over $4000 in legal fee’s? Over the past 3 months and refused to provide any reason other than the line entry “Attorney Invoice” and they are charging almost $100 in finance fee’s monthly. We disputed the first bill we recieved and then were told the reason there were additional attorney fee’s added was because we disputed the first bill. Is this even legal?

Asked on September 24, 2013 under Bankruptcy Law, New York

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

No, this is not legal.  The HOA can bill you for monthly dues going forward, but anything you owed them prior to your bankruptcy or related to your bankruptcy should have been discharged in bankruptcy.  Talk to your bankruptcy attorney.


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