sioux

Creditor charging fees after bankrupcty

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I filed for chapter 13 bk in NH and am making payments, my condo fees are included in the bk filing and I am paying the current fees. They have started adding "attorney legal fees" to my current fees, which makes it impossible to keep up my current payments. None of my other creditors are charging added fees that are not included in the bk. I filed the bk "pro se" so I don't have a lawyer and I don;t know if this is legal or not. I am also not sure what the fees are supposed to be for since there have no hearings in a while, and even when there where no attorney from the condo assoc. showed up. I have had no letters or any communication from a lawyer.

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Look at the bylaws to see if they have a provision for attorneys fees in the event of something like this. If they do, then you will have to look at case law to determine if the fees are legal. Since you are pro se, that is up to you to figure out. I myself am not sure one way or the other beyond the contract. It may take a hearing to determine that.

Also, just because you did not see a lawyer at any hearings does not mean that one was not consulted. Lawyers charge for quite a few things that are behind the doors that no one will ever see.

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I filed for chapter 13 bk in NH and am making payments, my condo fees are included in the bk filing and I am paying the current fees. They have started adding "attorney legal fees" to my current fees, which makes it impossible to keep up my current payments. None of my other creditors are charging added fees that are not included in the bk. I filed the bk "pro se" so I don't have a lawyer and I don;t know if this is legal or not. I am also not sure what the fees are supposed to be for since there have no hearings in a while, and even when there where no attorney from the condo assoc. showed up. I have had no letters or any communication from a lawyer.

 

I suspect you are being improperly charged, if you're not late on the post bk assessments.

 

I'm guessing you had a certain amount of fees in arrears at time you filed your bk case. The balance alleged in the associations' proof of claim was used in determining your payment plan. That amount cannot continue to accrue fees. That said, you will continue to accrue association fees after the filing of the bk which are not part of the bk estate. You're expected to stay current on those as well as your payments to the trustee.

 

There shouldn't be any other fees accruing, unless you're delinquent on the (new) fees not included in your bk estate. If that's the case, they've probably shuffled your account to a collection attorney who, probably by statute, can add fees. Since they're generally allowed to apply your payments to those fees first, you may be in a situation where  you're always "late," thus accruing additional collection fees every month. More likely, they're just pissed you and want to manufacture a foreclosure action. 

 

Do you know an accountant who can help you figure out where you stand with all this? You need to get on top of this before the association steals your property from you. You might also try contacting your trustee and informing him/her that you suspect the association is trying to recoup their losses in the bk case by adding the money back into your "current" account.

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