Legal Question in Bankruptcy in New York

My ex-husband and I purchased a timeshare together before we were married. He filed bankruptcy late last year but his lawyer did not include the timeshare in the bankruptcy for some reason (my ex knows I would be more than happy to file a quit claim on it, we have tried to unload it several times over the years and haven't used it since 1999). The concern now is for increasing maintenance fees and saddling our daughter with this white elephant when we die. Can I file a quit claim and then can he amend his bankruptcy (he filed whatever the chapter is that completely eliminated all his debt) to have the timeshare gotten rid of?


Asked on 3/10/10, 6:04 pm

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

I imagine that your ex-spouse filed a Chapter 7 Bankruptcy petition last year.This is the one that eliminates all debt.

Since this property was not included, I can only guess that your ex-spouse wanted to keep this property for some reason. Needless to say what your ex-spouse did was unethical and illegal.

If the matter has already be resolved then the bankruptcy petition cannot be reopened.

Your ex-spouse cannot file a petition bankruptcy petition until 2013.

You can file a quit claim deed and give your ex-husband the property and let him deal with this matter.

Antoinette M. Wooten

The Law Offices of Patricia Martin-Gibbons, PLLC

212-962-1031

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Answered on 3/15/10, 6:31 pm


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