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[SPAM?] Homeowner's Associations fees
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I would be very surprised, no shocked, if they could do this. Pension plans
have a special place in the hearts of Congress.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Steven L. Bryson
Sent: Tuesday, December 08, 2009 6:30 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [SPAM?] [cdcbaa] Re: Homeowner's Associations fees / bank
freezes
What about 401K plans held in banks where the debtor owes a balance on
credit cards? Does anyone know if the bank will try set-off from retirement
funds? Do we advise clients to move those funds to non-creditor banks?
Steven L. Bryson
Attorney at Law
(310) 477-4555
Certified Bankruptcy Specialist
www.file4bankruptcy.com
To: cdcbaa@yahoogroups.com
Sent: Wed, Dec 2, 2009 9:23 pm
Subject: RE: [SPAM?] [cdcbaa] Re: Homeowner's Associations fees / bank
freezes
Talk about aggressive ----I have an HOA owned by my client until foreclosure
where the association is threatening to turn off the water on the tenants
there because my client hasnt paid postpetition dues. Can they do that to
my clients innocent tenants?
yahoogroups.com] On Behalf Of Jim Selth
Sent: Wednesday, December 02, 2009 4:32 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [SPAM?] [cdcbaa] Re: Homeowner's Associations fees / bank
freezes
I agree completely with Bert's analysis of HOA fees. I have recently seen a
few HOAs try to collect against Debtors for post-petition fees incurred
until the foreclosure sale was completed. As more and more HOAs have
financial problems due to units being foreclosed, they are becoming more
aggressive to collect what fees they can.
I did have City National Bank recently freeze a small bank account after a
Chapter 7 filing but I was able to talk their in-house counsel into
releasing the freeze. (My client also had a loan with CNB, which is how they
got notice) I have never had Wachovia freeze an account of a client. Union
Bank will definitely freeze accounts if they become aware of the bankruptcy,
as will Wells Fargo will for "larger" accounts. I've never seen it in
writing, but it seems that WFB will freeze accounts over $1,500 until they
receive authorization from the Trustee to release it.
Jim
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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yahoogroups.com] On Behalf Of Bert Kawahara
Sent: Wednesday, December 02, 2009 1:11 PM
To: cdcbaa@yahoogroups.com
Subject: [SPAM?] [cdcbaa] Re: Homeowner's Associations fees
Importance: Low
Post BK HOA fees are non-dischargeable under 523a16. Whether the HOA will
sue the debtor for the post HOA fees depends on the HOA. In the few cases I
have had with post HOA fees, I have not seen the HOA or the bank go after
the debtor post BK. I think one of our members recommended that the debtor
pay the HOA fees as a small price to stay. It is a debt that the debtor will
have to be nervous about until the SofL runs or he gets sued.
I do not know anything about Wachovia's or City National Bank's policies
regarding freezing accounts. If your client is already in default with
Wachovia or CNB related debt, just have them move their money somewhere else
and not worry about whether or not the account will or could be legally
frozen or levied pre or post BK.
temkin wrote:
>
> I know we've discussed this on the listserve but I can't locate my emails.
> On a foreclosed home (client's still living there but not paying HOA
fees), do the HOA fees go with the foreclosure or are they non-dischargeable
under 523(a)(16)? If non-dischargable and client has filed Ch7, what's the
likelihood of a judgment against them if lien holder files a lawsuit?
>
> Another subject: Are Citi National Bank and/or Wachovia freezing
accounts?
>
> Thanks.
>
>
>
>
> Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd.,
Ste. 19-780 Sherman Oaks, Ca 91403 Ph: (818) 501-4658 / Fx: (818)
501-0903
>
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Message
I would be very surprised,
no shocked, if they could do this. Pension plans have a special place
in the hearts of Congress.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.