Central District Consumer Bankruptcy Attorney's Association

Thank you, Lou.
How do I make the plan when I do not know when the HOA payments will cease?
Without knowing when, I cannot get a total amount to be paid over the
lifetime of the plan.
I think the HOA payments are non-dischargable -- they arise monthly after
filing? That is how I have seen them treated with Chapter 7 clients who did
NOT pay them. Is something different with a Chapter 13?
My preference would have been to wait until after foreclosure to file, but
sadly there were other issues that mandated we file and just deal!
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
On Sun, Jan 3, 2010 at 10:48 PM, californiadebtreliefagency wrote:
>
>
> I believe the situation is similar to a car payment that terms out during a
> plan term. Consider the client's budget as a whole made up of parts, one of
> which is the HOA fees that term out during the plan, such that plan payment
> increases by the amount of the HOA fees that are no longer required to be
> paid.
>
> Question though: are HOA fees due post petition in a Chapter 13 case
> necessary to be paid if property is being surrendered? Are they
> nondischargeable? Even if nondischargeable, Trustee may object to their
> continued payment as not necessary to preserve property of the estate.
>
> Lou Esbin
>
>
> --- In cdcbaa@yahoogroups.com , Amy Clark
> wrote:
> >
> > Hello all!
> >
> > I see there was a similar question recently but no HOA...so here goes.
> >
> > Client is surrendering a condo which he has already vacated. He is
> > back with his wife and paying half the mortgage of her house.
> >
> > Because condo is still in his name, Client is still paying HOA fees
> > for condo and will continue to do so until his name is off title.
> >
> > I put these HOA's on Schedule J and my client's proposed plan payment
> > is going to be quite low, around $200. At some point in the future --
> > but who knows when -- bank will take over home and he will quit paying
> > those fees.
> >
> > How do I account for this in the plan, if at all?
> >
> > -- Amy Clark Kleinpeter
> >
> > 1489 E. Colorado Blvd. #207
> > Pasadena, CA 91106
> > (626) 507-8090
> >
> > "Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
> slate."
> >
> > "Like the witness protection program!"
> >
> > "Exactly."
> >
>
>
>
Thank you, Lou.How do I make the plan when I do not know when the HOA payments will cease? Without knowing when, I cannot get a total amount to be paid over the lifetime of the plan.I think the HOA payments are non-dischargable -- they arise monthly after filing? That is how I have seen them treated with Chapter 7 clients who did NOT pay them. Is something different with a Chapter 13?
My preference would have been to wait until after foreclosure to file, but sadly there were other issues that mandated we file and just deal!-- Amy Clark Kleinpeter1489 E. Colorado Blvd. #207
Pasadena, CA 91106(626) 507-8090"Bankruptcy, Michael, is >"Like the witness protection program!""Exactly."
On Sun, Jan 3, 2010 at 10:48 PM, californiadebtreliefagency <Esbinlaw@sbcglobal.net> wrote:
I believe the situation is similar to a car payment that terms out during a plan term. Consider the client's budget as a whole made up of parts, one of which is the HOA fees that term out during the plan, such that plan payment increases by the amount of the HOA fees that are no longer required to be paid.
Question though: are HOA fees due post petition in a Chapter 13 case necessary to be paid if property is being surrendered? Are they nondischargeable? Even if nondischargeable, Trustee may object to their continued payment as not necessary to preserve property of the estate.
Lou Esbin
@yahoogroups.com, Amy Clark <kleinpeterbk@...> wrote:
>
> Hello all!
>
> I see there was a similar question recently but no HOA...so here goes.
>
> Client is surrendering a condo which he has already vacated. He is
> back with his wife and paying half the mortgage of her house.
>
> Because condo is still in his name, Client is still paying HOA fees
> for condo and will continue to do so until his name is off title.
>

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