Legal Question in Bankruptcy in California

Co-Signer

I and a ex-girlfriend purchased a timeshare in 2006, I have been making payments since. I am thinking of bankruptcy. I know she would be responsible for this debt if it is discharged. Can she sue me and come after me for what is owed on this debt?


Asked on 5/15/09, 7:50 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Co-Signer

No - if you list her in the bankruptcy as a creditor, the obligation you may owe her for the timeshare debt would also be discharged. The question is whether the timeshare has equity, in which case the trustee may seek to liquidate your share - meaning your girlfriend can either buy your half of the equity from the trustee, or he'll sell the whole thing and she should get her 1/2 equity share. There are a lot of possible outcomes - check with your bankruptcy attorney. Call or email me if you want to discuss this further.

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Answered on 5/15/09, 9:16 pm


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