Can a time share creditor sue for back money 2 years after it was discharged in bankruptcy?
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Can a time share creditor sue for back money 2 years after it was discharged in bankruptcy?
Received a summons asking for back money, never heard from them in the 2 years since the discharge.
Asked on August 4, 2012 under Bankruptcy Law, Arkansas
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 11 years ago | Contributor
The first qustion which comes to my mind is to whether or not the time share creditor was part of the bankruptcy and listed as a creditor. Different juristictions treat time shares differently. Where I practice a time share is considered an executory contract which must bw listed in your schedules as such. You then have the option to accept or reject the contrct. Was this done?
Some juristictions treat time shares as a secured debt against real property. Was the debt scheduled?
I would defintely speak to a local attorney and have a copy of your petitions for review.
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