Legal Question in Bankruptcy in Illinois

Additional charges following bankruptcy

Four and a half years ago, I had a Chapter 7 discharged. One of the debts included in the bankruptcy petition was a purchase contract on a timeshare. Within the last few months, I was contacted by the lien holder/timeshare seller about signing a quit-claim deed. They stated that because of administrative problems, they failed to act on the property before this time. I am reluctant to sign anything at this juncture and my refusal brought a response from the lien holder that I was still responsible for the assessment fees that have acrued since the discharge of the property. Is this true and can they seek to collect such a debt?


Asked on 9/14/04, 9:20 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Additional charges following bankruptcy

Actually, you have a very interesting question. And, one that I have dealt with on many occasions, with varying results. First, when filing a Ch. 7 bankruptcy, all non-exempt property, and I assume for the purposes of this question that you claimed no exemptions relative to this property, becomes the property of the TRUSTEE. Seemingly, unless the Trustee gives up his/her interest in the property, it MIGHT still belong to the Trustee. Some take the position that an abandonment of the property is not necessary. Nevertheless, the starting point to me, is whether the Trustee abandoned the property. If it has not been abandoned, then the time share should be speaking to the Trustee for $$, not you. I doubt that the time share could make a claim on a discharged debt. YOU SHOULD CALL A BANKRUPTCY LAWYER AND MAKE AN APPOINTMENT TO DISCUSS THIS MATTER. GOOD LUCK! AND, THE RESOLUTION TO THIS PROBLEM HAS A LOT TO DO WITH HOW THE PETITION AND SCHEDULES WERE DRAFTED.

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Answered on 9/15/04, 2:06 pm


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