Port Richey, FL asked in Bankruptcy for Florida

Q: If I stop paying on my time share, can the company take me to court? or can I just file for bankruptcy?

When I purchased the time share, my husband & I were both working, now my husband is ill and we can not afford to pay for it any longer. How can I deal with that legally?

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2 Lawyer Answers
Answered
  • Bankruptcy Lawyer
  • Deltona, FL
  • Licensed in Florida

A: If you stop paying they can take you to court. You can file bankruptcy, but would need to speak with an attorney about it in order to figure out which chapter, 7 or 13 that you need to file. As long as the income is less than around $52000 per year for a family of two in Florida, you can file a chapter 7.

Answered
  • Bankruptcy Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Most timeshares have out of court provisions in the purchase agreement that contractually permit the revision of the property. If that is not the case, yes they can take you to court. If you qualify and file a Bky, it could discharge the debt, but they may still have to foreclosure subsequently, to clear title.

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