HOA Assessments and Bankruptcy

HOA Assessments and Bankruptcy2019-04-16T03:49:30-07:00

Many newer homes in the Phoenix, Arizona area are located in a neighborhood that is governed by a Homeowner’s or Community Association. They are commonly referred to as HOAs. You know the ones who send you nasty letters that your grass is a half-inch too long and that you will be fined if you don’t have it manicured very soon.

So you’ve filed bankruptcy and think that your obligation to your HOA has ended. Not so fast! The Bankruptcy Code, at 11 U.S.C. § 523(a)16, indicates that any assessments that come due after the order for relief are not dischargeable under most discharge sections of the Bankruptcy Code. The order for relief happens immediately upon the filing of an involuntary Bankruptcy case.

However, at least two courts have determined if you are surrendering your house to the mortgage company AND you receive a discharge under section 1328(a) of the bankruptcy code your obligation to your HOA may be discharged in a Chapter 13 Bankruptcy.
In Re Colon, Bankr. Court, D. Utah (2011);
In Re Kelly, Bankr. Court N. D. Cal (2010). Section 1328(a) requires a debtor to make all payments under the Chapter 13 Plan.

In Phoenix, Arizona, if you intend to keep your home and you have filed bankruptcy, you must pay your HOA dues that come due after you file your bankruptcy. This is true regardless of the Chapter you file under.

Even if you are surrendering your home to the mortgage company, you must pay the HOA dues that come due after you file bankruptcy until your mortgage company forecloses on your home AND you move out. The only exception may be in the event that you elect to surrender your home AND you receive a discharge under 11 U.S.C § 1328(a).

If you are unsure about where you stand, consult an attorney who is knowledgeable. Whether you live in Avondale, Litchfield, Buckeye, Peoria, Glendale, Phoenix or any other city in Arizona, Wright Law Offices can help you through your bankruptcy.

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  • 1. Bankruptcy is our sole area of practice. Attorney Wright has over 10 years of experience in the field of bankruptcy and has helped over 1000 people successfully file.
  • 2. Attorney Wright has an accounting background that is useful in analyzing complex financial documents. Prior to law school he obtained a degree in accounting from the University of Wisconsin School of Business. He exercised his strong numerical aptitude in the field of accounting, including several years with The Kohler Co., before ultimately deciding to pursue a law degree.
  • 3. New clients meet with an attorney during their first visit. We understand your time is valuable. It is important your questions are answered quickly and accurately so you can take appropriate steps to secure a better financial future and eliminate fear and stress.
  • 4. In business, referrals are the highest form of professional compliment. We frequently receive referrals from other lawyers and previous clients.
  • 5. Our firm is small which enables us to focus on quality over quantity. We don’t have billboards on the I-10 or banners affixed to public transportation. Our approach is a bit more understated. We care about people and doing things right and it shows in our low employee turnover and positive reviews.
  • 6. Perhaps the most important consideration is the cost of filing bankruptcy. We continuously assess our fees to ensure we offer fair and competitive pricing. We want to offer you a deal without sacrificing the quality of your experience.
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