Q: If you file bankruptcy in arizona.. can your HOA place a lean on your property for dues that were included in your bk
I filed bankruptcy and my hoa has placed a lean on my property.
A: Most likely the CC&R's provide that the property is collateral for the dues/assessments, plus the owner is liable for the dues/assessments. If you file bankruptcy listing the obligations owed at the day of filing that results in the owner not being liable for the pre-petition debts. But it does not eliminate the debt secured by the collateral (the house). Depending on the value of the house and the secured debt of the first mortgage you may be able to discharge the pre-petition HOA debt, but only in a chapter 13. You really need to talk to an experienced bankruptcy attorney before filing any bankruptcy.
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