Should I be charged HOA fees after Chapter 7 in 2010.

Yes....a bankruptcy, by itself, doesn't result in a change of ownership. Up until the mortgage servicer forecloses, the bankruptcy trustee sells your house, or you sell your house....the house still belongs to you. As the titled owner, you are responsible for HOA dues and assessments.

In 2005 Congress passed and President Bush signed a bill changing the way bankruptcy works in many ways. One of the changes is that filing a Ch7 does not eliminate future liability for HOA dues and the HOA can continue to charge the dues. While many will not do so if you vacate the property, some do and there is nothing that prevents them from doing so. If you continue to occupy the property almost all HOAs will continue to charge HOA dues.

Both attorneys are correct; if you have additional questions it may be a good idea to use the Find a Lawyer tab at the top of the page. Good luck!