What is the effect of bankruptcy on HOA financial obligations?
When a homeowner in Washington files for bankruptcy, it can have an effect on their obligations to the Homeowners Association (HOA). Generally, the filing of a bankruptcy petition will act as an automatic stay, meaning that any attempt by the HOA to collect on a debt or enforce a lien will be delayed until the bankruptcy proceedings are completed. In some cases, a Chapter 7 bankruptcy may discharge the homeowner’s financial obligations to the HOA. However, other types of bankruptcies may require the homeowner to still pay the obligations or work out a payment plan with the court and HOA. The effects of bankruptcy on HOA fees and assessments will depend on the type of bankruptcy, the laws in the state, and the terms of the association’s documents. In Chapter 7 bankruptcies, the automatic stay does not stop the HOA from continuing to assess and collect fees. In Chapter 13 bankruptcies, the homeowner is usually required to make up any unpaid fees or assessments while on a payment plan. Additionally, HOAs are usually able to collect and enforce other kinds of liens, such as delinquent maintenance fees or unpaid fines, during a bankruptcy. It is important for homeowners to understand the effects of bankruptcy on their HOA financial obligations. With the help of a qualified bankruptcy attorney, homeowners can develop a plan of action that will help them to manage their HOA obligations during the bankruptcy process.
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