No matter what type of bankruptcy chapter you file for, all your properties will be examined in addition to your debts and income sources. This includes any real estate you own, such as your regular homestead, business real estate, and vacation homes like timeshares. When it comes to the unique system of owning a timeshare property, it can be difficult to predict what might happen to that property if you file for bankruptcy. With the help of Behm Law Group Ltd., you can work through any type of individual bankruptcy in Windom, MN, and file a strong case that will provide long-term debt relief.
The two common types of individual consumer bankruptcy, Chapter 7 and Chapter 13, treat properties very differently. Chapter 7 liquidates non-exempt assets like non-homestead real estate with some opportunities to assert exemption claims to some properties. This liquidation of non-exempt assets is done in exchange for the discharge of the related debts. Chapter 13, on the other hand, reorganizes debts into a repayment plan that provides for the payment of any debts secured by a property on adjusted loan terms.
In filing for Chapter 7 bankruptcy, you can sometimes use the Wildcard Exemption to protect your timeshare from the liquidation process. If you use this exemption for other properties instead, your bankruptcy trustee will sell your timeshare and return the value of that sale to your timeshare lender. However, if your timeshare value is equal to or less than the debt you owe, your trustee won’t bother selling the property, and you can maintain possession of it if you continue making payments on the related debt.
In filing for Chapter 13 bankruptcy, your timeshare will most likely be included in your repayment plan as a secured debt to be repaid under adjusted loan terms or surrendered. You will have to prove that your income will allow the amount of the debt to be included in your plan without compromising your disposable and discretionary income. If you can’t prove that your income will allow your timeshare to be included in your plan, you will have to surrender it in exchange for the discharge of that debt.
In the event that your bank forecloses on your timeshare before you file for bankruptcy, you can still resolve any remaining debts related to that property. This includes debts from maintenance fees or debt from the deficiency between what you owe and the proceeds of the foreclosure. A timeshare can also be surrendered voluntarily for liquidation in any type of bankruptcy if you do not wish to keep it. If you do surrender your timeshare, you won’t be liable for maintenance fees or any other debts related to the property in a chapter 13 bankruptcy case. However, such timeshare related debts are not generally subject to discharge in a chapter 7 bankruptcy proceeding.
If you have a timeshare that you want to keep or surrender in your bankruptcy case, Behm Law Group can help you work through the process of claiming exemptions, organizing a repayment plan, and any other actions that need to be taken depending on the type of bankruptcy you file. To learn more about filing for bankruptcy in Windom, MN, contact us at (507) 387-7200 or via email at stephen@mankatobankruptcy.com today.
