Yes, you can discharge HOA fees in Chapter 7 up to the date of filing, but fees that accrue after filing are your responsibility to pay.
How you choose to handle HOA fees is largely dictated by whether you intend to retain the property or not.
If you surrender the property to the bankruptcy trustee, you should attempt to negotiate with the HOA to waive subsequent fees, or plan to short sell the property, since the additional fees will not be dischargeable in the filing.
If you intend to keep the property, plan to pay back the outstanding HOA fees to prevent foreclosure.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you protect your home – or dispose of it in the way that makes the most sense for you.
Call us today at 718-599-1111 for a free consultation.