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cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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I have 2 bankruptcy questions. 1. If a debtor has a deed to

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I have 2 bankruptcy questions.
1. If a debtor has a deed to a time-share, is this property recorded in Schedule A (Real Property), or Schedule G (Executory Contracts and Unexpired Leases)? They have made no payments since 2006
2. If a debtor has a wage garnishment; who has responsibility to notify the employer to stay the garnishment until the case is completed? The Court Clerk, Debtor, or Creditor?

Hi JACustomer,

1) The timeshare would be listed on Schedule A, and the annual or monthly maintenance and/or dues the debtor is supposed to pay would be listed on Schedule G.

2) The Bankruptcy court notifies the employer. However, the employee should also notify the employer by providing a copy of the "Notice of Bankruptcy Filing" - which is generated upon filing - because the employee can get the notice to the employer faster than the Bankruptcy court can.


Edited by cfortunato on 10/5/2010 at 1:31 PM EST
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