Albuquerque, NM asked in Bankruptcy for New Mexico

Q: I have a point based timeshare where do I list that on the schedules??

Related Topics:
3 Lawyer Answers
Michael Hales
Michael Hales
Answered
  • Consumer Law Lawyer
  • Rexburg, ID

A: I had a client who listed these with their real estate holdings. When the timeshare is alerted that you have filed for bankruptcy, you will have the ability to give the timeshare back to the resort. I'd recommend this because I had a client who did not do this. And while her existing maintenance fee bills were extinguished when she filed for bankruptcy, those annual maintenance fee bills accrued while the bankruptcy was pending. When she came out of bankruptcy, she had very large bills that she couldn't pay. Therefore, I usually recommend forfeiting them to the timeshare company as soon as possible.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Schedule B contingent interests. Then surrender it.

Justin M. Gillman
PREMIUM
Justin M. Gillman
Answered
  • Bankruptcy Lawyer
  • Edison, NJ

A: Under the "new" forms in Bankruptcy, there is a reference to the fact that Timeshares, even "point-based" shares, should be listed under Real Estate Interests. That is Part I of Schedule A/B. You should list the information on the number of points and their value as well as any other information.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.