Should You File Bankruptcy to Eliminate Timeshare Debt?

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For the most part, timeshare ownership is believed to be a cost-saving, enjoyable purchase that’s fruitful year after year. Nobody signing the dotted line expects anything less. While a satisfactory experience does play out for some buyers, the exact opposite occurs for others. When disgruntled owners give us a call to talk about their regret, a common question they ask is if they should file bankruptcy to eliminate timeshare debt. While we believe this is an irrational take, we have to understand why they’re willing to take such desperate measures to get out of a timeshare agreement.

How would you feel if you thought you bought a $20,000 timeshare then later found out at the time of the mortgage maturity it was actually going to cost $55,000 due to annual fees, interest and taxes? What would you say after realizing your annual payment obligations continued for life, even after you paid off the timeshare mortgage? How would you feel if you couldn’t book your desired location, time or even something comparable to what you thought you were paying for? Let’s just say emotions run pretty high once buyers recognize the ploys. What makes matters worse is the simple fact that a majority of solutions are meant to keep timeshare owners trapped in their contract. 

Once they make a decision to pursue some form of relief, they’re commonly ripped off by 3rd party agencies that prey on their vulnerable state. Whether or not they’ve attempted to sell the property or legally get out of the timeshare contract, failed attempts to escape fractional ownership can create uncertainty – which may create even more vulnerability. When owners become driven by their emotions, they become even more susceptible to scams that specialize in deceit.

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We Want to Help Fractional Owners Avoid Bankruptcy.

Aside from a number of devastating financial blows, these real-life experiences cause some timeshare owners to believe extreme measures are necessary. Because of what they’ve been through and all of the relief scams that flood the market, timeshare cancellation is rarely viewed as the logical solution. But it most certainly is. They just have to put the time in to find a company that actually knows how to get out of timeshare contracts and cares about their quality of life. This starts with an ability to identify scams and unfavorable outcomes, like bankruptcy.

Knowing that some fractional owners file for bankruptcy with the hopes of escaping the clutches of timeshare ownership is disheartening. Consumers should never have to think about taking such a blow just to eliminate their sense of hopelessness. But you can’t really blame them. Even though most owners aren’t interested in legally canceling their agreement, we want to help them understand why they shouldn’t file bankruptcy to eliminate timeshare debt. 

If we can reach one person on the verge of making a life-altering decision, it’ll be worth it.

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Is Filing Bankruptcy Over a Timeshare Worth it?

When a fractional owner starts throwing around the term “bankruptcy,” it’s pretty obvious they’ve gotten in over their head. It’s not something that’s commonly brought up in the timeshare industry until threats of a foreclosure are involved. Based on the conversations we’ve had, financial hardship is rarely the reasoning. It’s the feeling of entrapment and mistrust that provokes their desperation to get out from under the timeshare constraint.

Many don’t even know if they would qualify to wipe out the existing debt of the purchase. They simply want to stick it to the resort. While speaking to a lawyer about the legal process could be helpful, expecting legal teams to consider your best interest is risky. If timeshare owners were to take the time to really think about the decision, would they really file bankruptcy to eliminate timeshare debt? Are they willing to deal with possible embarrassment and endure purchase limitations for the next 7-10 years?

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Most people wouldn’t deem this a viable solution if they knew the facts surrounding a quality timeshare exit strategy. This is why it’s so important that you speak to legal counsel with experience with timesharing. Our timeshare cancellation services aren’t temporary fixes, we use an attorney-based process that helps you to terminate your future obligations. It’s important to understand that bankruptcy could potentially be a temporary fix as it only eliminates past debt, not future debt. After speaking with a few of our contracted attorneys, we’ve compiled some additional reasons why it’s a bad idea to file bankruptcy to eliminate timeshare debt.

Real Attorneys with Real Outcomes for Timeshare Bankruptcy

Diving off the deep end before you know how to swim or what’s in the water is a bad idea. Educating yourself on the actualities of filing for bankruptcy is an important step that should be completed before consideration presumes. There’s no need to waste time on the pursuit of a bankruptcy claim if it’s clearly unrewarding. With that being said, here are some questions timeshare owners should chew on:

  • Do you want to accept the risk of having an inability to obtain a loan for the next 7-10 years because you filed for bankruptcy? Your ability to finance a home, motor vehicle or even a computer can be hindered due to this decision. If you’re willing to endure anything to get rid of a timeshare then there’s no reason cancellation methods should be out of the question. If you’re being stubborn due to an unfortunate encounter with an ineffective exit team, then ask yourself if protecting your pride and limiting your credit is more important than moving on for good.
  • Does your income even allow you to file for Chapter 7 Bankruptcy? A lot of time and money can be wasted on a claim if you’re not even sure you can wipe out the timeshare purchase. By proceeding with the process uninformed, you may find out that you only qualify for Chapter 13 Bankruptcy. This can require you to pay all or a partial amount of the debt over the next 3-5 years. Undesirable results can be the result if stubbornness is involved.
  • If you decide to proceed with a Chapter 7 filing and you don’t have a structured payment plan such as Chapter 13, will any of your assets be at risk? While you might successfully file bankruptcy to eliminate timeshare debt, your failure to make payments can be rather detrimental. Is there a chance you could lose your home with equity? If so, is this worth the risk to you?

Escaping a timeshare contract with a bankruptcy claim may seem advantageous to you, but it’s not as simple as you might think. While many people use bankruptcy as a way to start over, their decision usually surrounds a large failed business investment. Most people in this position aren’t left with much of a choice. Hitting the financial reset button because you feel trapped in your timeshare and are determined to get out is never a good enough reason. Especially when there are professional companies out there that truly care about helping you move on with your life.

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Our Contracted Attorneys Have Additional Timeshare Advice.

While the above questions should really help you determine if you should file bankruptcy to eliminate timeshare debt, our legal partners mentioned a few more things you need to know. 

  • Filing bankruptcy does allow you to wipe out old debt with the timeshare company, but you’re still responsible for future contractual obligations. In other words, your future debt will not be discharged and you may be required to pay for annual maintenance fees, taxes and other special assessments that accrue.
  • Timeshare bankruptcies will stop collection attempts and the harassment from the resort for old debt, however we provide an alternative option that inevitably blocks your timeshare company as well as third parties. Terminating the contract with a timeshare cancellation company like ours allows you to cease and desist communication while eliminating future obligations.
  • While bankruptcy may solve your current problems, there is a chance your heirs may run into inconveniences. Again, since the contract is perpetual (forever binding), it’s hard to tell who the timeshare company will come after for their losses.

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Eliminating Timeshare Debt Doesn’t Have to be Complicated.

At VOC, we take pride in offering professional services that consider the owner’s experience leading up to their decision to contact us. Unlike most exit companies in the timeshare industry, we make sure potential clients don’t feel pressured to get rid of timeshares. There are always additional ways to try to work things out with the resort.

If you feel as though you’ve tried everything and you’re ready to cancel your timeshare, we’d be more than happy to offer you a free consultation. In the meantime, we hope this article helped you understand why you should never file bankruptcy to eliminate timeshare debt. In the end, terminating the agreement for good will inevitably help you move on.

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Written by the top Real Estate Litigators in the Timeshare Industry.