Legal Question in Bankruptcy in Nevada

Automatic Stay & Homwowner's Associations

Rent a home in a sub-division that is controlled by a Homeowner's Association for the last 10 years and new board just elected. Filed a Chapter 7 bankruptcy in Dec. Since filing association has sent letters to the owner and myself stating that because there are 2 unlicensed vehicles(have insurance coverage on both)in driveway(not on the street)it is a violation of CC&R's and unless licensed immediately or move the cars they are subject to being towed and the owner fined. Does the automatic stay help in this instance in any way and also since the ''property of the estate'' technically belongs to the trustee and court do I need to inform the trustee of this? Vehicles were listed and it was stated that they were unlicensed in Schedules B & C of bankruptcy.

Thank you.


Asked on 2/26/02, 1:29 pm

1 Answer from Attorneys
Dorothy Bunce

Homeowner's Associations

The question of whether your landlord can pass on a fine from his homeowner's association is interesting. I doubt if there is a definative answer to your question, but would want to know if: a) you listed your landlord as a creditor AND b) you listed the homeowners association as a creditor.

If you did not list them as creditors, why do you expect to have them obey a bankruptcy stay that does not include them?

Another problem with this situation is that you are continuing to violate the CCRs AFTER you filed bankruptcy. Bankruptcy only affect debts and bills made BEFORE you filed. You are responsible for debts made after filing the bankruptcy.

I would like to caution all readers of this reply that this person probably got into trouble by representing himself. There are plenty of loopholes in bankruptcy - some can help you, others will hurt you. Hiring an attorney to represent you in a bankruptcy is almost always a bargain.

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Answered on 2/26/02, 1:54 pm


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