Florida Condominium Law And Bankruptcy

What happens when a condominium owner files for bankruptcy? Are HOA fees dischargeable in bankruptcy? What about HOA fees that accrue after the bankruptcy has been filed?

These are valid questions that can be addressed by a bankruptcy lawyer. At the law office Kingcade Garcia McMaken, we represent condo owners throughout Miami-Dade, Broward and Monroe counties in bankruptcy.

To schedule a free consultation to discuss bankruptcy and HOA fees, please schedule a meeting by using our online contact form.

Understanding Homeowner Liability During And After Bankruptcy

When the owner of a condominium files for bankruptcy, an automatic stay goes into effect. Creditors and bill collectors — including the HOA — cannot attempt to collect money from the condo owner as long as the automatic stay is in place.

Assessment fees after the bankruptcy filing are the responsibility of the homeowner. If the homeowner fails to pay these fees, the HOA can take action through the court system to seek to collect the debt.

Chapter 7 bankruptcy and Chapter 13 bankruptcy offer different protections. Understanding your rights and responsibilities during and after bankruptcy can be daunting. Talking to a bankruptcy lawyer can help you understand your liabilities no matter what type of bankruptcy you file and no matter where you are in the process.