So, What’s a Poor Homeowner to Do?

By Carole Bess, Bess, Blougouras, Freyberg & Pennington, P.A., Merritt Island, Florida

Bankruptcy, offers a solution to many of these HOA dilemmas. Attorneys representing owners with HOA liens and arrears, and future fees, should, however, proceed with great care, and caution. The Bankruptcy Code regarding HOA fees is not as easy to decipher as it might appear at first glance, and the law must be interpreted in conjunction with Florida Statutes and emerging case law.

What happens to HOA fees where the homeowner elects to surrender their homes?

That depends.

Debtors, filing the most common and easiest . . .

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Duty to Update Trustee Regarding Changes Post-Plan Confirmation

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(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference) I. Introduction Although the Bankruptcy Code has been around for decades, bankruptcy courts continue to be faced with significant disputes regarding the interpretation of its provisions. An emerging issue that has gained traction in recent years involves the compensation of a chapter 13...

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Lawrence R. Ahern, III

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