Can Homeowners Association Fees Be Discharged In Bankruptcy?

People who live in communities with a homeowners association (HOA) are typically required to pay monthly dues, special fees and assessments. Dues can often cost several hundred dollars per month. If you are struggling financially, keeping up with HOA dues is extremely difficult.

HOAs have the right to take legal action to collect unpaid dues and fees, putting already cash-strapped families deeper into financial distress. If you are facing a lawsuit for past due HOA fees, filing for bankruptcy can provide a solution that allows you to eliminate them. At Levitt & Slafkes, P.C., we provide comprehensive debt relief services, including Chapter 7, Chapter 13 and Chapter 11 filings. To understand how specific debts are discharged in bankruptcy, contact us online or call  973-323-2953 to schedule a free consultation.

Can I Eliminate HOA Fee Debt In Bankruptcy?

As unsecured debts, any HOA dues, fees and assessments incurred prior to the filing of your bankruptcy petition can be discharged in a Chapter 7 or a Chapter 13 bankruptcy. It is important to note, however, that in most cases, any dues, fees or assessments incurred after your petition has been filed will not be discharged. You can be held liable for any charges that accrue after your petition is filed and while you are still the registered owner. Even if you have moved out or surrendered the property to the bank, as long as your name is still on the title, you remain liable.

Bankruptcy attorneys Bruce Levitt and Shelley Slafkes are committed to helping you find a solution that fits your needs and allows you to have the fresh start you deserve. We work closely with you to gain a complete understanding of your financial concerns and goals. We explain your available options and give you all of the information you need to make a sound decision about how to proceed.

Free Legal Consultation About Discharging HOA Dues

Contact our law firm to schedule a free initial consultation about your financial situation, including your homeowner association-related debt with one of our experienced bankruptcy lawyers. You can reach us by filling out our online form or by calling 973-323-2953.