Time shares Dicharged calling me

[pathfinders]

Hi-

We were Discharged 8-31-10. not closed yet, we are chapter 7 no asset. the closing at this point is just admin function,

At Our 341 we surrendered 2 time shares , the trusty did not them. we owed 600 in maintenance and dues and $934.00 on the other.

today I get this email and a call from the resort.

Mr. & Mrs. XXX-

We are contacting you in regards to your Condo M/T acct# XXXXXXX due for $934.60. According to our records your Bankruptcy was discharged and closed on 08/31/2010. Please contact our office to complete the Courts Order to surrender the property back to XXXX XXX Resort.


She called as well to say she wanted to send me paper work to I assume do a Deed in lieu.

Question please, since the Dues were discharged to a zero balance, and there is no Mortgage on either unit could we just keep them and just pay the dues that come due in January.

the plan was to give the one back and keep one.

PS is the wording of DUE $934.60 break any laws since we are discharged.

Even if I wanted to give one back per pacer the chapter is discharged but still not closed yet.

thanks

[tobee43]

more than likely it will be a warranty deed not a deed in lieu....also insist on a "release"...they usually are called "general release" forms... if your going that path.

if the mortgages are free and clear and it is deeded property did you reaffirm them??

if you did then i would call your atty and see about just paying the back dues if you want to keep the property.

however, really...i can't see that as the case as the trustee would have most likely made you sell them and distribute the moneies to your creditors...so you best check..it sounds like they were surrendered.

[pathfinders]

Thanks Tobee

No we are not reaffirming the unit( s) as long as we pay or catch up the $600.00 on the one I assume as we keep current every January we can keep the unit, Correct.

Just give the other back to the resort.

and say in 10 years when we do not want the unit just give it back as we did not reaffirm

PS yes they called about a warranty deed

[AngelinaCat]

CONGRATULATIONS on your Discharge. Here you go:

http://video.google.com/videoplay?docid=-3894301868978665655#

[tcreegan]

Ed's law

Hello pathfinders,

is the wording of DUE $934.60 break any laws since we are discharged.

Probably, but you have to apply my brother Ed's law: never attribute to malice that which is adequately explained by ignorance.

Just a thought: if condo maint. fees are like HOA dues, you get rid of the pre-petition but still owe the post-petition until your name is off the deed.

Hey another thought.....personal record here....

If the trustee didn't want them (report of abandonment of assets) and you owned them outright (no debt), what would you need to reaffirm? Aren't they just yours now and you need to settle w/ the maintenance company?

Curious,

Tom in Colo

[pathfinders]

Tom My question as well

Tom My question as well

Hey another thought.....personal record here....

If the trustee didn't want them (report of abandonment of assets) and you owned them outright (no debt), what would you need to reaffirm? Aren't they just yours now and you need to settle w/ the maintenance company?


all so were the dues discharged? they were listed! so we just start fresh in January?

[pathfinders]

We are Discharged ( 8-31-10), No asset. awaiting closing. Before I do anything should I wait till we are closed?