Legal Question in Bankruptcy in California

I recently filed Bankruptcy and it was discharged in October 2009. One of the debt's was a timeshare and there was a co-applicant on this particular debt, she did not file BK. She has been in contact with me recently asking for my signature so she is able to sell the timeshare. I know I no longer have any financial obligation to the debt, so my question for you is. Do I have a obligation to sign the required paperwork to sell the timeshare even if I included this debt in my BK? I do not want to get myself in a situation where I become responsible for this debt once again. Please Advise. Thank You.


Asked on 1/17/10, 5:36 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Your co-applicant cannot sell the property without your signature. Furthermore, you are still liable for the annual maintenance fees on the timeshare that accrue after you filed your bankruptcy. While you may not be legally required to sign the paperwork to sell the timeshare, it would be in your best interest to do so and unfair to your co-applicant if you do not cooperate.

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Answered on 1/22/10, 6:19 pm
Brian Whitaker Lifeline Legal, LLP

Also, you should remember that you are still a legal owner of the timeshare, in spite of the fact that you are no longer personally liable for the debt ... which is why you remain liable for the ongoing post-petition fees. Sign the document(s).

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Answered on 1/22/10, 11:14 pm


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