Has anyone gotten rid of a timeshare in a chp 7?

[Anonymous]

I have 2 timeshares that I couldn't pay to get rid of. They are paid for but I have back dues due on them. I included them in my Chp 7 but my attorney seems unsure on how to handle it and I've heard trustees hate timeshares and can refuse to take them. Anyone with experience? 

[Anonymous]

I'm surprised your atty is unsure.  If you don't pay your dues and fees, the only recourse the developer or management company is to either foreclose and/or sue you for it.  BK discharges all civil debts....so if you include them in the BK, the back dues/fees are discharged.

Going forward, it is technically possible for the management company to attempt to charge you future dues, I guess, even if the back dues are discharged.  That may be one area that is less understood...but the existing or back portions should be no brainer, IMO.

[Anonymous]

I was shocked that he seemed confused too. I ended up going on Google to find out what others did since he listed it as unsecured and didn't include my intent statement and that seemed wrong as it is a secured creditor. So I made all contact and questions on the matter go through email with to get the changes and his expectations so I would have a "paper trail" for later- Just in case.

Sadly, I was planning on working through all my debts but Chase Bank filed a case against me after 6 months of missing payments on my Disney card! It kinda forced the issue and I got the attorney I could afford and probably not the attorney I needed.

[Anonymous]

Your BK would have more effect on the TS if you still owed on the contract.  But now that it is only dues and fees, I'm not sure what the future will hold.  BK discharges debt, but it cannot discharge property taxes, etc.

Part of your dues and fees is for maintenance, management, taxes, etc....so those future liabilities are at stake.

There are some services out there that will let you sign over the TS to them, if they are paid in full and not past due on fees.  They will 'take it off your hands' so to speak.  They won't pay you anything...so you would only be getting relief of ongoing costs.