Expert: Mark J. Markus- California Bankruptcy Attorney - 9/30/2004

Question
Hi,
My name is colleen and I live in Ohio. I  have been involved in a chapter 13 bankruptcy that will be discharged next year.  the condo association (for an association fee) where I live have charged me late fees from 10/02 (the month after i filed) so now my late fees are around 800.00 for them--they have put a lein on my property now which i owe for the paperwork according to them--so i end up owing them at this time 1098.00. I spoke with my attorney yesterday but she said i have to pay all this. But i thought Chapter 13 was supposed to help you get on track.  My mortgage company does not charge me any kind of late fee right now. According to my attorney-when my bankruptcy is discharge which will be around 9/05--I will end up owing the condo association around $1,500! This just makes no sense to me. i thought the three years i am in this--is time i need to catch up on things and get thing straightened out so that when this is discharged, I will be on track again.  
The management company in charge of my condos has told my attorney i have not made payments which i have--and sent copies of my cancelled checks to to them to prove it.  They have also threatend foreclosure of my house!  I just dont understand and feel terrible that my attorney acted the way she did yesterday.  i really had faith in her but now feel i am the one who has to take initiative.  
Sorry this is so long but its gone on for two years now and I need to know what i can do before my chapter 13 is discharged next year. Wouldnt this qualify as harassment?  I did include like three monthly payments of theirs into the bankruptcy.  
Colleen Debelak.

Answer
The only thing the Chapter 13 deals with is pre-petition debts.  It gives you time (36-60 months) to catch up on arrearages on secured debts and to propose a percentage repayment to unsecured creditors.  The condo association is, presumably, secured by your property and, as such, that is an ongoing post petition obligation you are required to make irrespective of the bankruptcy.  If they are erroneously charging you for something, then obviously you can dispute that, but it has nothing to do with your bankruptcy case.