New York Bankruptcy Lawyers, Fees, Condominium
11 U.S.C. 523 declares discharge will not be allowed (16) for any fee that becomes due and payable
after the order for relief to a membership association with respect to the debtor's interest in a condominium or in a share of a cooperative housing corporation, but only if such fee or
assessment is payable for a period during which - (A) the debtor physically occupied a dwelling unit in the
condominium or cooperative project; or (B) the debtor rented the dwelling unit to a tenant and received
payments from the tenant for such period, but nothing in this paragraph shall except from discharge the debt of
a debtor for a membership association fee or assessment for a period arising before entry of the order for
relief in a pending or subsequent bankruptcy case.
New York Bankruptcy Lawyers - Fees In Practice
Fees charged by condominium associations must be paid, or foreclosure
is authorized by law. Further, when protected by a consensual lien, the full
amount must be paid to avoid foreclosure. Also note that any creditor, or their bankruptcy lawyer, may object to
discharge. The debtor and their bankruptcy lawyer receive will prevail if the opposing party fails to meet their
burden of proof. The trustee, or their bankruptcy lawyer, or the court upon it's own motion, may also initiate
objections.
The majority of personal bankruptcy lawyers certified in
consumer Chapter 7 and Chapter 13 cases offer free initial
consultations. Potential clients may review all options available and
ask any question deemed important. All attorneys are bound by the
attorney client privilege and must zealously guard confidentiality.
Because of recent amendments to new bankruptcy laws, by passage of the
latest reform bill known as the Abuse Prevention Act of 2005, debtors
will find qualification for debt relief somewhat more difficult. Yet
these laws also present new options, alternatives, and means of
discharging debt that were previously unavailable. Now, more than ever,
the assistance of qualified representation before federal courts is
essential to gain maximum benefits provided by law.
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