I am not sure there is a violation of the automatic injunction because the HOA took the
action pre-petition. Absent a ruling on point it is difficult to say whatthe court would hold.
Good Luck starts with a strategy and a plan. The time is now to lower 2013taxes.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
In a message dated 9/11/2013 1:57:22 P.M. Pacific Daylight Time,
cliff@bordeauxlaw.com writes:
Sounds to me like an attempt to collect a prepetition debt, so I would
guess the debtor would have recourse under 362(k). Perhaps a strongly worded
letter on your firm letterhead would take care of it... HOA may not have
run this past their counsel before taking these steps.
Clifford Bordeaux
Bordeaux Law, P.C.
790 E. Colorado Boulevard, 9th Floor
Pasadena, CA 91101
T: 626-405-2345 / F: 626-628-1820 E:
_cliff@bordeauxlaw.com_
(mailto:
cliff@bordeauxlaw.com)
(
http://www.bordeauxlaw.com/)
On Wed, Sep 11, 2013 at 1:07 PM, Philomena Nzegge wrote:
Debtor failed to pay HOA dues for over 2 years and the HOA obtained a
judgment of $19,000.plus interest against the home. During this time Debtor was
denied access to the use of common areas (pool, tennis court) due to
nonpayment of dues.
Debtor filed Ch13 in May 2013 and the $19K is currently been paid throughthe Confirmed plan.
Debtor is current with HOA dues from date of filing. HOA refuses to give
Debtor access to common areas until the total $19K has been paid through the
5 year plan. Meanwhile Debtor is paying the current monthly HOA dues.
Is this the norm with HOAs? Isn't this a violation of Section 362
Automatic Stay.
Thank you
Philomena N. Nzegge
3701 Wilshire Blvd
Suite 1120
Los Angeles, CA 90010
P:_213.739.0650_ (tel:213.739.0650)
F:_213.739.8167_ (tel:213.739.8167)
I am not sure there is a violation of the automatic injunction because the
HOA took the
action pre-petition. Absent a ruling on point it is difficult to say
what the court would hold.
Good Luck starts with a strategy and a plan. The time is
now to lower 2013 taxes.
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA
90701
562-924-8922
In a message dated 9/11/2013 1:57:22 P.M. Pacific Daylight Time,
cliff@bordeauxlaw.com writes:
Sounds to me like an attempt to collect a prepetition debt, so I
would guess the debtor would have recourse under 362(k). Perhaps a strongly worded letter on your firm letterhead would take care of it... HOA
may not have run this past their counsel before taking these steps.
Clifford BordeauxBordeaux Law, P.C.790 E. Colorado Boulevard, 9th FloorPasadena, CA 91101T: 626-405-2345 / F: 626-628-1820 E:
cliff@bordeauxlaw.com
On Wed, Sep 11, 2013 at 1:07 PM, Philomena Nzegge <
pnnzegge@yahoo.com> wrote:
Debtor failed to pay HOA dues for
over 2 years and the HOA obtained a judgment of $19,000.plus interest
against the home. During this time Debtor was denied access to the
use of common areas (pool, tennis court) due to nonpayment of
dues.
Debtor filed Ch13 in May 2013 and the
$19K is currently been paid through the Confirmed plan.
Debtor is current with HOA dues
from date of filing. HOA refuses to give Debtor access to common
areas until the total $19K has been paid through the 5 year plan. Meanwhile Debtor is paying the current monthly HOA dues.
Is this the norm with HOAs? Isn't this
a violation of Section 362 Automatic Stay.
Thank you
Philomena N. Nzegge
3701 Wilshire Blvd
Suite 1120
Los Angeles, CA 90010
P:213.739.0650
F:
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