QUESTION

My wife and I purchased a time share with another couple. They have since divorced , stopped paying their half of the payment and have claimed bankruptcy. We still owe about 19000.00 on the membership. I was told because of their bankruptcy they are no longer liable for the payment, however , their name will not be removed from ownership. I don't have a problem making the payment, but I do want them off the deed. They have about 8000.00 invested , but before the bankrupcy they owed me 1600.00 . What can I do???

Asked on Apr 11th, 2011 on Bankruptcy - Vermont
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My wife and I purchased a time share with another couple. They have since divorced , stopped paying their half of the payment and have claimed bankruptcy. We still owe about 19000.00 on the membership. I was told because of their bankruptcy they are no longer liable for the payment, however , their name will not be removed from ownership. I don't have a problem making the payment, but I do want them off the deed. They have about 8000.00 invested , but before the bankrupcy they owed me 1600.00 . What can I do???
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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To answer your question more correctly, I'd like to ask a few questions first. Do you know if they file chapter 7 bankruptcy or chapter 13 bankruptcy, your question really doesn't refer to it and from your question sounds like bankruptcy hasn't received yet. If the bankruptcy does proceed they've surely will put what they owe you on their bankruptcy and what they owed you will be discharged in a chapter 7 bankruptcy. Since this is a timeshare and nine actual piece of property that you own, you should really contact the company that sold you the timeshare. A timeshare is not a legitimate interest in a piece of property, you don't partially own it, it's just renting. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  
Answered on Mar 09th, 2012 at 3:59 PM

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