BK Proof of Claim

Hello All

We have a member who filed BK.
Our attorneys filed a proof of claim. The debtor objected to our proof of claim. We have since amended our proof of claim and the debtor continues to object. The debtor says we are not including other checks towards dues because of the notation on the memo. The debtor is also accused of stealing money from the association and would often pay out of pocket for expenses. My question is: do we include checked written to the association when the memo line includes a notation for something other than dues?

What the he|| is your lawyer doing? I think you need some (better?) legal advice. An attorney should be able to cut through the nonsense pretty quickly.

Most of us ARE NOT attorneys, so if legal advice is what you want, you need to speak to an attorney and not rely on advice from the internet. In your case, it may be what you need is someone who does a better job at explaining what's happening and why. If you don't understand something, you need to tell your attorney to explain it and keep doing it until you understand.

Or maybe it's just you - if there's another board member who seems to have a better grasp of what's going on, let him or her talk to the attorney. Just be sure he/she comes back and explains it (accurately) to the rest of you. Don't allow him/her to make decisions without the board's approval - everything the attorney does should be discussed in a board meeting and voted upon.

By the way, by "memo," do you mean the section on the check people use to say things like "light bill" so they remember what the check is for? In that case, your attorney may be correct in not worrying about the memo descriptions.

You also said the debtor stole from the association? If so, did you go to your local prosecutor's office and discuss having charges filed against him/her? Do you have proof of the theft? If so, take that with you.

Finally, I've read some of your questions and it seems you are really new to the HOA board process (assuming you're a board member). It's ok to look at some of the conversations on this website, but what you might consider (besides reading your documents) is to check out some of the educational materials on the CAI website. There's stuff for brand new board members and the oldies on a variety of subjects - you may want to look at them to get some idea of how things should work and best practices of HOAs you might adapt to your community. Some chapters may be in your area and offer live training.