Texas  |  Bankruptcy

Legal Question

Asked on: 8/29/13, 7:22 pm

In SA TX, HOA Lawyer received judgement for unpaid hoa fees. Now for $450 in past due hoa fees, Attorney wants 3,000. House is scheduled to be auctioned off in 1 week.

Now I'm past due on mortgage (house is upside down$$) and planned to file chapter 13 in about 3 months. I cannot due it now, but definitely will in 3 months.

I'm being offered a payment plan. $1000 down & $150 a month for 1 year.

I'm really hurting right now and if I paid the $1000 it would leave me flat broke.

My 2 questions:

1. Can I let them auction home since I'm filing chapter 13 anyway. Another words can I still recoup it or get it back 3 months later, since they only have a $3k lien ?

2. If forced to do payment plan and later file chapter 13, is the balance on payment plan washed out?

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