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Something fishy with the timeshare we gave up in the plan, should we be concerned?

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    Something fishy with the timeshare we gave up in the plan, should we be concerned?

    We included our timeshare in our plan to get rid of it. We're not yet confirmed but we received a confirmation today from the timeshare confirming our stay in July. I called to find out what was going on but they were closed. What the heck could be going on?

    The only other person or entity who has our information is our attorney's office.

    Thanks

    #2
    WOW !! I can't say what is going on . . but WOW . . if it is what you think it is.. . just WOW . . unbelievable.

    Although, you need to first give it the benefit of the doubt. Certainly, cancel that reservation . . . and find out what names it has on it. IF it is linked to your attorney, just WOW

    Comment


      #3
      Many businesses have auto-notices set up in their computers to send out letters or other notices at a specified time. Since you recently filed, your timeshare probably got notice you filed and included them in your bk but hasn't removed you from their mailing list yet or forgot to.

      Call your lawyer, email, or make an appointment and explain what happened. Your lawyer will probably send a notice to your timeshare on the law office's letterhead explaining they are violating your automatic stay by contacting you, and that they need to cease all contact immediately. That will end it.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Thanks. I will call the timeshare this morning, they open at 9. We have NEVER received a notice like this before.

        Comment


          #5
          Originally posted by mylife View Post
          Thanks. I will call the timeshare this morning, they open at 9.
          Typically most bk lawyers do not want their clients to be contacting creditors directly after filing. It's best to run this by your lawyer and get his/her ok first before doing this.

          It isn't likely but is possible to say something innocently during a call with a creditor that you have filed on that can create issues later in your case. Best to be careful and discuss doing this with your lawyer first.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


            #6
            Thanks but I called right after they opened. Reservations said it was sent automatically and collections said they had my bankruptcy. I'll keep this in mind, not contacting creditors in the future.

            Comment


              #7
              we had a "deeded" property, sent a letter...a contract to release the property and a warranty deed and asked the timeshare company to sign them both.

              to our surprised they signed them and sent them back! (wish it was a easy with the house we surrendered)..but no such luck.

              even so, we STILL get calls 3 years later about giving it back!! if you continue to get letters and or calls i'd turn their butts into the FTC.

              best of luck!
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

              Comment

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