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Timeshare maintenance fees
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I had a Valley Trustee hang on to a case demanding an appraisal on a timeshare. Client offered to quitclaim the timeshare [fractional real property deed] to the Trustee. Trustee immediately issued her no asset report.
Best regards
Larry Webb
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California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
State Bar of California 229344
Central District California
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Larry@webbklaw. com
Law Offices of Larry Webb
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Camarillo Ca 93010
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The post was migrated from Yahoo.
I've told her to do that before filing and get rid of it. However, timeshares are the hardest things to sell.
Thank you,
Nate
On Tuesday, September 16, 2014 10:30 AM, "Clifford Bordeaux cliff@bordeauxlaw.com [cdcbaa]" wrote:
If it has any value, sell it on Ebay. If not, she will probably end up forfeiting her interest if she doesn't make the maintenance payments.
Clifford Bordeaux
Cohen & Bordeaux, LLP
3731 Wilshire Boulevard, Suite 600
Los Angeles, CA 90010
T: 213-267-10000
E: cliff@cohenbordeaux.com
On Tue, Sep 16, 2014 at 8:40 AM, Nathan Berneman nathanberneman@yahoo.com [cdcbaa] wrote:
>
>Client has a timeshare paid in full. Is there any way to get rid of the monthly/yearly maintenance fees as she doesn't even want the timeshare any more?
>
>
>Thank you,
>
>
>Nate Berneman
The post was migrated from Yahoo.
I think this falls under 523(a)(16). Even if it does not, I think it's a
postpetition obligation which the discharge does not apply to. I'd say get
rid of the property before filing for bk. If bk has been filed, I'd get rid
of the property but your client should expect to be on the hook for fees
until then.
Much cleaner to do it before filing for bk.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Tue, Sep 16, 2014 at 10:30 AM, Clifford Bordeaux cliff@bordeauxlaw.com
[cdcbaa] wrote:
>
>
> If it has any value, sell it on Ebay. If not, she will probably end up
> forfeiting her interest if she doesn't make the maintenance payments.
>
> Clifford Bordeaux
> Cohen & Bordeaux, LLP
> 3731 Wilshire Boulevard, Suite 600
> Los Angeles, CA 90010
> T: 213-267-10000
> E: cliff@cohenbordeaux.com
>
> On Tue, Sep 16, 2014 at 8:40 AM, Nathan Berneman nathanberneman@yahoo.com
> [cdcbaa] wrote:
>
>>
>>
>> Client has a timeshare paid in full. Is there any way to get rid of the
>> monthly/yearly maintenance fees as she doesn't even want the timeshare any
>> more?
>>
>> Thank you,
>>
>> Nate Berneman
>>
>>
>
>
I think this falls under 523(a)(16). Even if it does not, I think it's a postpetition obligation which the discharge does not apply to. I'd say get rid of the property before filing for bk. If bk has been filed, I'd get rid of the property but your client should expect to be on the hook for fees until then.Much cleaner to do it before filing for bk.Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com818-507-6000
On Tue, Sep 16, 2014 at 10:30 AM, Clifford Bordeaux cliff@bordeauxlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
If it has any value, sell it on Ebay. If not, she will probably end up forfeiting her interest if she doesn't make the maintenance payments.Clifford BordeauxCohen & Bordeaux, LLP3731 Wilshire Boulevard, Suite 600Los Angeles, CA 90010T: 213-267-10000E: cliff@cohenbordeaux.comOn Tue, Sep 16, 2014 at 8:40 AM, Nathan Berneman nathanberneman@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
If it has any value, sell it on Ebay. If not, she will probably end up
forfeiting her interest if she doesn't make the maintenance payments.
Clifford Bordeaux
Cohen & Bordeaux, LLP
3731 Wilshire Boulevard, Suite 600
Los Angeles, CA 90010
T: 213-267-10000
E: cliff@cohenbordeaux.com
On Tue, Sep 16, 2014 at 8:40 AM, Nathan Berneman nathanberneman@yahoo.com
[cdcbaa] wrote:
>
>
> Client has a timeshare paid in full. Is there any way to get rid of the
> monthly/yearly maintenance fees as she doesn't even want the timeshare any
> more?
>
> Thank you,
>
> Nate Berneman
>
>
>
If it has any value, sell it on Ebay. If not, she will probably end up forfeiting her interest if she doesn't make the maintenance payments.3731 Wilshire Boulevard, Suite 600Los Angeles, CA 90010T: x.com" target"_blank">cliff@cohenbordeaux.comOn Tue, Sep 16, 2014 at 8:40 AM, Nathan Berneman nathanberneman@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
Reject the executory contract?
On Tuesday, September 16, 2014 8:40 AM, "Nathan Berneman nathanberneman@yahoo.com [cdcbaa]" wrote:
Client has a timeshare paid in full. Is there any way to get rid of the monthly/yearly maintenance fees as she doesn't even want the timeshare any more?
Thank you,
Nate Berneman
The post was migrated from Yahoo.