Can I Include my HOA Dues in a Bankruptcy Case in Georgia?
If you are filing bankruptcy in Atlanta, Georgia, unpaid HOA (homeowner’s association) dues can be included in your bankruptcy petition and ultimately discharged (meaning that you will not have to pay them). However, if you intend to keep your home after filing bankruptcy in Georgia, you will probably have to repay the HOA arrearages and the HOA dues going forward.
If you do not intend to keep your house after your bankruptcy case, the past due HOA fees and assessments will be discharged. It is possible that the dues that are assessed after the filing of your bankruptcy petition will not be discharged because those dues are considered post-petition debt.
If you DO intend to keep your house after filing bankruptcy in Atlanta, Georgia, you will probably have to repay the HOA arrearages because the HOA usually has a lien on the property that will remain even though your personal liability as to the past due fees is technically discharged. If you keep your home in a Chapter 13 bankruptcy case in Atlanta, Georgia, the past due fees will be consolidated into one monthly payment to the bankruptcy trustee, and you will be required to pay the future dues directly to the HOA. If you keep your home in a Chapter 7 case, you will be required to pay the future dues directly to the HOA.
If you are a homeowner interested in filing bankruptcy, contact a bankruptcy lawyer in Atlanta, Georgia, the Law Offices of Charles Clapp at 404.585.0040 to schedule a free initial consultation.