Florida | Bankruptcy
Legal Question
does filing a chapter13 to save investment home preclude the ability of HOA to get summary jufement foreclosure in palm beach county, can you put the arrears in the plan and pay off the HOA who is trying to take the home for 20k in fees 1/2 of which were discharged im my wife's ch 7 2 years ago
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Legal Answer
Typically, you can include arrearages on debt in your bankruptcy filings which will in most cases stay the foreclosure action. You should consult with a bankruptcy attorney as soon as you can to discuss your specific situation.
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William W. Gwaltney, Attorneys at Law 4832 Kerry Forest Parkway, Suite B Tallahassee, FL 32309
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Legal Answer
You may or may not be eligible to file a Chapter 13 bankruptcy, depending upon many factors, including what other assets or debts you have. If a Chapter 13 bankruptcy is filed, it may stay the foreclosure action and permit you to pay back the arrearage due to the homeowners' assocation over time. However, the better plan may be to simply give the property back to the bank that holds the mortgage. In that case, you may be able to wipe out the mortgage and all of the back maintenance fees owed to the homeowners' association. We handle a lot of bankruptcy cases. We offer a free initial consultation, and I'd be happy to speak wtih you about the situation.
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Law Offices of Steven Meyer 2295 N.W. Corporate Blvd., Suite 117 Boca Raton, FL 33431
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