Legal Question in Real Estate Law in California

I fell behind in my timeshare property association fees. I made them aware I was having financial problems & if I could make up payments by adding extra to each payment. The timeshare froze my points (they are lost after 2 years if not used) They asked for a lump payment & they would settle for that amount. I did & they didn't. I ended up having to declare bankruptcy. I had fallen further behind & tried to come to an agreement. They wanted the full amount even though I was not allowed to use my timeshare (points lost) What avenue can I go to have a fair agreement.

Asked on 9/18/14, 8:53 pm

1 Answer from Attorneys

R. Grace Rodriguez Law Offices of R. Grace Rodriguez

Had I been your bankruptcy attorney I might have told you to abandon the timeshare because what it costs you to maintain your membership is much higher than the extra money it would cost to get you a comparable hotel vacation.

That being said. . . . you can't make anyone change a contract which you have already entered into. The terms are laid out and both sides have the right to enforce the agreement. Rights in a contract can be modified in bankruptcy. Without seeing your bankruptcy petition and how it was listed on the bankruptcy you may or may not have preserved your rights under the time share contract. If they were properly preserved, then they can ask for money going forward and must give you your points with the past debt forgiven. It may be a violation of the automatic stay for them to not honor the contract now without you paying the old debt, if this is what is happening.

Go back to your bankruptcy attorney to ask for help with determining whether you protected the time share or not by listing it on your bankruptcy, not just as a debt but on Schedule G as an Executory Contract which you wish to continue fullfilling.

Good luck.

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Answered on 11/15/14, 7:39 am

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