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Bankruptcy Means Test and HOA Dues

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  • 08-01-2007, 01:03 PM
    clark0214
    Bankruptcy Means Test and HOA Dues
    I did a means test online that was fairly compehensive. On the section where I listed my mortgage and car (secured lenders) it did not give me an option to put my HOA in. There is a section for "other" though. My question is, does an HOA association fee enter the equation enter in on the means test? If I don't pay it, they will put a lien on my condo and keeping it would not be an option there. If I don't include it, I'm just over the allowed amounts for eligibility for chapter 7 instead of 13. If I put it in there , I go negative in discretionary income and easily qualify for chapter 7 due to a negative 6500 over 5 years.

    Since that is an expense that does not go away, do I include that in the area of the means test that asks "are there other required home expenses required for the well being of you, your family...... ?
  • 08-02-2007, 07:32 AM
    Mr. Knowitall
    Re: Means Test and HOA Dues in Georgia
    That's where I would enter it. Have you considered getting help from a bankruptcy lawyer, or hiring a paralegal to assist you with the preparation of the forms?
  • 08-02-2007, 10:08 AM
    Betty3
    Re: Bankruptcy Means Test and HOA Dues
    I would say yes it is an expense & would enter it as such. As the other poster suggested, you might want to get professional help in completing the forms. The current bk rules are rather complex.
  • 08-02-2007, 02:16 PM
    clark0214
    Re: Bankruptcy Means Test and HOA Dues
    Quote:

    Quoting Betty3
    View Post
    I would say yes it is an expense & would enter it as such. As the other poster suggested, you might want to get professional help in completing the forms. The current bk rules are rather complex.

    Thank you to you both (you and Mrknowitall). I am meeting with an attorney on Saturday. But this whole process is rather anxiety inducing, so I tend to dwell a bit. With that setup, I'm actually negative in discretionary income. I kinda knew my life sucked, but now I guess I have the official IRS stamp of approval that it does.
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