How are HOA fees discharged in Chapter 7 bankruptcy?

Your personal liability on the pre-petition HOA dues (to the extent they are not satisfied from the foreclosure sale or other disposal of the property) would be discharged upon completion of your Chapter 13. In a Chapter 7 bankruptcy, post-petition HOA fees are not dischargeable.

Do you have to pay HOA fees in Chapter 13?

If you intend to keep your home in a Chapter 13, you should continue to pay HOA fees as they become due and payable post-petition. You would do this by paying the HOA directly or through your Chapter 13 plan. If you do not pay the HOA dues post-petition, then those dues will attach to the home as any other lien.

What happens to a Hoa lien in bankruptcy?

In general, HOA liens are treated as secured debts and what will happen to them in bankruptcy depends on whether you file a Chapter 7 or Chapter 13 case. If you are behind on your HOA dues and want to keep your home, Chapter 13 bankruptcy can allow you to catch up on your missed payments through a bankruptcy repayment plan.

Can I discharge my home owner association dues in?

HOA assessments become secured only when the HOA files a lien. Cal. Civ. Code § 5675. The lien is not entitled to special priority. Priority determined by the first in time rule. Cal. Civ. Code § 5680. Pre-petition, unsecured HOA dues are dischargeable in chapter 7 or 13 because there is no exception to discharge.

Can a Hoa charge you for attorney fees?

You may be able to object to those fees and charges, depending on whether or not the HOA is legally entitled to those charges under the laws of your State. State laws vary on whether a homeowners association can collect attorney fees and other charges from you. In many states, HOAs are allowed to charge you attorney fees.