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Bankruptcy Law/Collection agency trying to collect HOA after bankruptcy

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Expert: - 12/22/2010


Question
I already read an answer to someone else about this, but have another question. i filed BK in Nov 2008, and moved out of state one month later (from Florida to South Carolina). My attorney advised me to stop paying EVERYTHING except my car which I reaffirmed. The BK was discharged in June 2009 and bank didn't foreclose until Dec 2009.  I got the 1st call in Sept, called my attorney who advised me to fax my BK papers, which I did. Never ever mentioned at any time that I would be liable for post filing HOA charges. I got another call from collection agency, never got my discharge papers, I faxed again today and told them to contact my attorney not me.
Collection agency said they got the info from HOA in Feb 2010, but never called me until Sept. and still has NEVER said it is post filing charges..... I am only concerned because of what I have read online about post filing HOA.....  

I can not pay this, It's over $6700, I removed my savings today -all $500 of it.... afraid they will freeze my bank accounts.  My attorney told me I would have a "clean slate" and I have spent the last year and a half getting my life back on track to be hit with this.... How long can they come after me.... I am thinking of changing my phone number (only have a cell phone) and taking all my money out of the bank....I never received a bill or anything about these charges, just a call from a collection agency.    How will this effect my credit that I've been bustin my but to rebuild and how long before they give up trying to collect.... I am serious, I have about $700 to my name right now...  My paycheck gets direct deposited, can they garnish wages and or/freeze my bank. Do they not have to go to court 1st.  I hate to sue my attorney.... I called her/e-mailed her and she said she would check into my liability and never contacted me back-2 days ago..

Thanks so much

Answer
Dear Theresa,

I am sorry youy find yourself in such a jam. T HOA is entitled to sue you for HOA dues covering the period from the date you filed BK until the date of the foreclosure sale. It's a pity that a lawyer who represented you did not know this right off the bat.

Before they can garnish your wages or levy your bank account they have to sue you and get a court judgment. The good news for you is that there are so many Florida cases like yours involving foreclosed condos that I personally think they are unlikely to sue you. Check with a Florida attorney to find out how long they can wait to sue you, and for guidance about your assets.

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Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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