What did Bankruptcy do?

[funtime4u Junior Member Find all posts View Profile Close funtime4u]

Recently filed for bankruptcy and included the BG timeshare which was paid for
at Grand Villas World Golf Village, St Augustine, Fl. Thinking this would discharge my MFees I included this as part of giving up my assets. I recently got a bill with the new maintenance fees from the last billing and the next years fees totaling over 1200.00 dollars (includes the VC which we had cacelled over 3 years ago.
the letter sent to us acknowledged the bankruptcy and just picked up where we left off. When filing the bankruptcy the fees were up to date and the mortgage was paid off. I hope no one else has to go through this but if anyone has information to share I welcome anything that would help clarify what to do next.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

I don't mean to be flippant but how could not paying it make things any worse for you. What are they gonna do, ding your credit?

[basham Senior Member Find all posts View Profile Close basham]

I'm with JLB on this one.

Did you file Chapter 7, or something else.?

[motomem Senior Member Find all posts View Profile Close motomem]

Bankruptcy is to discharge debt. If your ownership was paid for there was no debt to discharge.
Until the MF bill comes due there is no debt there either. Therefore there was nothing to discharge where your BG ownership was concerned.

You could always just call BG and see what they say.
To truly get rid of your maint. fees, your BG ownership would have to be transferred back to BG (bankruptcy lawyer would have to fill out, and file, the necessary papers with the proper county).

I think this question is for your bankruptcy lawyer to figure out.

[mshatty Super Moderator Find all posts View Profile Close mshatty]

You are all mixed up.

You have 3 things going on here.

First, your ownership of the TS became property of a bankruptcy estate. You didn't mention what Chapter of bankruptcy you filed. If you filed Chapter 7, a trustee became the legal owner of the TS and has the right to sell it, unless you claimed an exemption for it. If you filed a Chapter 13 case, you retain the TS and must pay the value of it to your creditors unless exempted.

If you filed a Chapter 7 and the trustee abandoned the TS or closed the case without selling it, it comes back to you with all ownership rights and liabilities.

Second, any pre-bankruptcy fees that were owed when you filed bankruptcy may be dischargeable. It depends on if BG has a lien on your TS. If it does, BG can look to foreclose its lien and pay the debt. If BG doesn't have a lien on the TS to pay the fee, it's unsecured just like a Visa or MC debt. If you received a discharge, you are discharged from any unsecured debt (pre-bankruptcy debts).

Finally, there are post-bankruptcy fees accruing. Depending on the Chapter of bankruptcy you filed, you can be liable. If you filed Chapter 7 and the TS came back to you because it was abandoned by the trustee, you are liable for all post-bankruptcy fees. There is no discharge of these fees because they were incurred after the Chapter 7 bankruptcy case. If you filed Chapter 13, then your Chapter 13 plan should have budgeted the annual fees as part of your bankruptcy case. At the end of successfully completing a Chapter 13 plan, you would be current on the TS fees. The discharge would cover those fees through the time of the plan.

If you had an attorney file your bankruptcy case, you need to speak with him/her in greater detail about this. It sounds like there was no discussion of how this TS can be an albatross and the potential ownership/liability can boomerang back to you.

Good luck.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Wow! Can I get an albatross for our weeks? That would be cool. I always wanted one.

http://missexpatria.files.wordpress....pg?w=440&h=330

Also, in golf an albatross is a double eagle, three under par, and that would be cool, too.

Albatross

From there, the 'bird' theme continued. Three under Par is a very rare score and an Albatross is a very rare bird, and now three under Par is generally referred to an "Albatross". However nobody knows exactly when the term was coined and it appears to be quite recent. At late as the 8th April 1935, a day after making an albatross on the par-5 15th hole at Augusta in the Masters, Gene Sarazen referred to his shot as a "dodo". Ab Smith said his group used the phrase 'double eagle' for three under.

[funtime4u Junior Member Find all posts View Profile Close funtime4u]

Thanks for responses.

Thank you all for even looking at this,
Sorry I didn't respond right away I was on vacation in Haw....Just dreaming. Filed a chapter (7) seven and at the time of filing there was no outstanding balance on the Maintenance Fees and the Timeshare had been fully payed for, five years earlier, therefor even thought the court said the obligation was discharged as "mshatty" thoughtfully pointed out, since there was no debt there really was nothing to discharge and now they are trying to collect the fees after the discharge period even though they were owed before the bankruptcy filing but had not been sent to me for payment and was not included at the time. I don't think the trustee sold the TS so I guess We still own it. Will call the trustee and inquire but not really expecting any help since they tend to feel they can't give any advice and categorize everything asked as wanting advice. I filled the bankruptcy myself as I could not afford a lawyer, so no lawyer to ask. I would like to get past the bankruptcy and regain life along with some credit and this BG is the only thing in the way. I would gladly give it to anyone who wants it. Thanks again for any and all advice and help.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

I still want an albatross.

I'd like a red herring, too.

[motomem Senior Member Find all posts View Profile Close motomem]

If you find that you still own the TS, it just might behoove you to learn to use it and enjoy it.......