Does 362 automatic stay apply to hoa dues?
Posted: Tue Dec 13, 2011 3:46 pm
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Automatic stay does not prevent suit for postpetition obligation. Stay
only prevents attempts to enforce judgment against assets of the estate.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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On Tue, 13 Dec 2011 15:40:07 -0800, Holly Roark wrote:
Does a creditor need to file a relief from stay motion
to sue the debtor in state court for postpetition HOA fees? I am
assuming yes if it plans to later levy on assets if the case is a Ch 13
or 11 since postpetition income/assets are estate property, but not in
a Ch 7?
Holly Roark
On Wed, Nov 23, 2011 at 10:50 AM, Mark T. Jessee wrote:
If it is for a prepetition obligation, HOA is violation of the
automatic stay. If it is for a postpetition obligation for which the
HOA sued and obtained judgment, it cannot levy any asset of the
bankruptcy estate.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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On Wed, 23 Nov 2011 08:53:43 -0800, Jacob Chang wrote:
I filed ch. 13 bk on behalf of client. She called me
today to inform me that the HOA took funds out of her bank account.
Whether dischargeable or not, I've been under the impression that
automatic stay applies, and the bank levy violates it. Am I wrong here?
Warm regards,
Jacob D. Chang, Esq.
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Holly Roark
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Central District of California
Consumer Bankruptcy Attorney
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Los Angeles, CA 90067
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start="3cjfdrp3f0w@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}Automatic stay does not prevent suit
for postpetition obligation. Stay only prevents attempts to enforce
judgment against assets of the estate.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS
MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS
COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL
IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY
RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN
ADVANCE FOR YOUR COOPERATION.
On Tue, 13 Dec 2011 15:40:07 -0800, Holly Roark
<hollyroark22@gmail.com> wrote:
The post was migrated from Yahoo.