Home -> Law Blog Directory -> Bankruptcy Blogs -> Arizona Bankruptcy Attorney Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Arizona Bankruptcy Attorney BlogWhat's Going to Happen to My Time-Share in my Chapter 7 Bankruptcy in Arizona?
By Joseph McDaniel, Esq.
A time share is an asset. It's also not one of the assets listed as exempt under the laws of Arizona.
But it's a funny kind of asset. Maybe it's not transferable under the terms of the contract. Maybe there's a transfer fee. Maybe the timeshare agreement is fifty pages long and nobody in their right mind wants to read it!
And one timeshare is not the same as another timeshare.
Consider a timeshare in Haiti right now, you know? Or in New Orleans right after the flood.
Some timeshares are easy to sell, and debtors often sell them prior to filing in order to buy food, fuel, and provisions prior to filing a Chapter 7; that's probably just fine, as long as they sell it for close to fair market value to a non-insider. It's not a fatal problem if they sell it, for fair market value, and receive that value, prior to filing, and spend it on food, fuel, provisions, and so on.
But any transaction with an insider (which includes but is not limited to an insider) will be subject to much more scrutiny than a transaction with a non-insider.
So what happens if the time-share can't be sold by the debtor prior to filing?
Well, the trustee will probably try to sell it at auction, as trustees do, about once a month.
Or the trustee may, in the exercise of his or her business judgment, decide that it's not worth anything at all, and may abandon it out of the estate (and back to the debtor).
The debtor, if he or she wants to keep a timeshare, will sometimes make a lowball offer to the trustee; and sometimes a lowball offer will be the winning bid at the trustees auction, and then the debtor gets to keep the beloved timeshare.
But you can never tell about auctions. There are always those pesky Other Bidders!
Full post as published by Arizona Bankruptcy Attorney Blog on February 04, 2010 (boomark / email).
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
Bankruptcy Law
A complete prime (pre-2005)
Air Line Bankruptcy
BCI Aircraft Leasing agrees to pay $600,000 settlement related to Delta Air Lines bankruptcy claims.
Lehman Brothers
Bankrupt, Files Chapter 11
Bankruptcy Reorganization
Calpine Corp. pays $2.13 million bankruptcy settlement.
Microsoft
Settles with Arizona for $4.4 Million
Bankruptcy
helping to get you out of debt.
Washington Mutual Bank Collapse
May File for Bankruptcy

Can I Reaffirm My Car Loan If I Convert From Chapter 13 To Chapter 7
Should I File A Chapter 7 Bankruptcy Or A Chapter 13 Bankruptcy
What Is the Difference Between Chapter 11, Chapter 7 and Chapter 13 Bankruptcy
How Much Will My Chapter 13 Plan Payment Be
When Businesses File for Bankruptcy
7 Reasons To Choose Chapter 7 Bankruptcy








