Legal Question in Bankruptcy in California

In 2007 I purchased a Timeshare with a co-signer. I made a few payment and the co-signor and I split in 2008. She agreed to take over the payments. In 2009 I quick deed the property to her In 2010 I filed for Bankruptcy, I didnt know that I still owed the time share and I didnt include it in my bankruptcy. A month ago we went to small claims court she won a judgement for money the time I did own the property from 2008-2009. However, it is my understand that all debts are discharged that occurred before the bankruptcy. Do I need to reopen my bankruptcy to take my name off the credit for the timeshare and to vacate the small claims judgement?


Asked on 11/29/10, 11:15 am

2 Answer from Attorneys

Brian Whitaker Lifeline Legal, LLP

I'm surprised ... did you not inform the judge about your BK?

Yes - you were discharged of all dischargeable obligations on the the date you filed, including any contingent liability to the ex-partner.

No reopening of the case is necessary ... the lawsuit should have been stopped if/when you informed the court of your BK.

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Answered on 12/04/10, 12:49 pm


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