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HOA Judgement after chapter 7 discharge
Dear Axel,
Begin with (a). I regularly do this sort of work, so if you don't want to do it, send your client to me.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist
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Debtor had a Chapter 7 discharge of a prepetition HOA debt ($42,000.00), after discharge the debtor incurred approximately $7,000.00 due rent for 7 month until the HOA foreclosed on the property, the HOA sued and included the discharged debt plus the postpetition debt until foreclosure,plus postpetition attorney charges for $11,000.00 for the 7 month til foreclosure (heaven knows for what, writing collection letters?). HOA got a judgement after debtor's discharge for all HOA fees discharged HOA fees and postpetition HOA fees. Debtor is aware he owes HOA fees for the postpetition 7 month until the propert was foreclosed.
Q. a.) reopen case for violation of discharge injunction?
or
Q. b.) file a chapter 13 with payments on the outstanding postpetition HOA fees and attack the HOA proof of claim when filed (which I assume would include the entire judgement of discharged debt and new debt). ?
I am sure this is not the first time a HOA is trying to get a discharged assessment back.
any thoughts?
axel
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