Q: I am dealing with an HOA need to know if filling for bankruptcy will help them get off my back .

A: A bankruptcy stay trumps all litigation until you discharge all your debts or your bankruptcy is dismissed by the Court. Bankruptcy is not a refuge when you have an asset with debts collateralized by a real property with equity. The court may review your case and find out you may have to file a Chapter 13, which will obligate you pay your past due fees in accordance with your approved Chapter 13 plan and you will, from now on, have to make timely payments. Best of luck.

A: Depends upon the type of bankruptcy filed. Chapter 13, a repayment arrangement to creditors, would stop litigation and provide an opportunity to propose a plan that includes payment of the unpaid HOA fees which occurred prior to the filing of the bankruptcy. That way, those fees are brought current and during the case, you continue making your HOA fees monthly for new monthly assessments. If you are planning to keep the residence, this might be your best option. Consult with a bankruptcy attorney familiar with Chapter 13 cases. Chapter 7 would stop any litigation also, but would not necessarily resolve the HOA - particularly if you want to keep the residence. Get legal guidance as soon as possible to analyze your best options.

A: It depends. Bankruptcy may or may not be the answer depending on your situation. An attorney needs to look at many factors to determine whether you qualify for bankruptcy and whether it is best. I recommend contacting a bankruptcy attorney to discuss your situation more fully. Most attorneys offer a free consultation. Much success.