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Panfi asked in Business & FinanceCredit · 10 years ago

My bankruptcy was discharged in 2010 but the lawyer failed to add one creditor who is now billing me.?

Now, the law firm who handled my case and didn't add my HOA dues to the BK has gone out of business - since the day of my discharge.

I'm in CA, I provided a complete list of my creditors to the firm handling my BK, but they didn't include my homeowners HOA dues. In fact, the lawyers told me to "stop paying" my HOA dues because they would be included to the BK.

The law firm representing me went out of business, so how do I handle this?

Thank you for your advice!

4 Answers

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  • crbesq
    Lv 5
    10 years ago

    It's unfortunate that you received bad legal advice.

    However, there may not be anything that can be done for you. Although any HOA fees that you owed BEFORE your bankruptcy are dischargeable, you are still liable for any HOA fees that come due AFTER your case was filed so long as you are still on title to the property. If the HOA is attempting to collect fees from prior to filing, you might be able to sue them for a discharge violation, but if its for fees from after filing you may be out of luck.

    Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to meet with one and get advice based on all of the details of your particular situation. You can find a referral at NACBA.org (National Association of Consumer Bankruptcy Attorneys).

  • Scott
    Lv 6
    10 years ago

    You will have to contact a bankruptcy attorney for advice. It appears under some cases you can add the debt if it was incurred before your discharge date.

  • Anonymous
    7 years ago

    For a very similar situation a found a great solution at: SAVE-FINDER.NET-

    RE My bankruptcy was discharged in 2010 but the lawyer failed to add one creditor who is now billing me.?

    Now, the law firm who handled my case and didn't add my HOA dues to the BK has gone out of business - since the day of my discharge.

    I'm in CA, I provided a complete list of my creditors to the firm handling my BK, but they didn't include my homeowners HOA dues. In fact, the lawyers told me to "stop paying" my HOA dues because they would be included to the BK.

    The law firm representing me went out of business, so how do I handle this?

    Thank you for your advice!

  • CatDad
    Lv 7
    10 years ago

    I guess it's clear why they went out of business.

    I doubt if you can get this discharged as it was due to carelessness.

    All you can do is consult with another bankruptcy attorney for accurate advise.

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