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Re:Timeshare Owner? The Mexican Drug Cartels Want You by wolpoli on Wednesday September 25, 2024 @08:24PM (#41653245)
Is there a business model where people could pay to sell their timeshares to a shell company and then having the company go insolvent?
Re:Timeshare Owner? The Mexican Drug Cartels Want You by wmil on Thursday September 26, 2024 @12:13AM (#41654486)
The contracts usually state that they can go after the original owner if the new one can't pay. So even paying a terminally ill patient to take it over won't work.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by setopt on Thursday September 26, 2024 @01:54AM (#41654962)
Is that considered a legal contract?
Re:Timeshare Owner? The Mexican Drug Cartels Want You by sandworm101 on Thursday September 26, 2024 @06:45AM (#41656813)
Well, it is either a legal contract or an illegal contract that you will have to fight about in court. Rich people who can afford attorneys generally do not buy timeshares. No lawyer would ever suggest that any client buy a timeshare. So, in other words, anyone with access to a family lawyer would never buy a timeshare.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by immibis on Thursday September 26, 2024 @11:19AM (#41659387)
If it's illegal, you can simply not pay, and THEY have to fight it in court.

You can also do this if it's legal, but the court might not be favourable to you.

Re:Timeshare Owner? The Mexican Drug Cartels Want You by sandworm101 on Thursday September 26, 2024 @12:06PM (#41660076)
>> you can simply not pay, and THEY have to fight it in court.

Yes. They will sue you in court. Then, when you don't answer and/or attempt to represent yourself, you will end up paying the default judgement. A judge isn't going to nullify a contract on their own. You have to explain to them why the contract is illegal, which is not as easy as everyone seems to think. That is what lawyers are paid to do.

Re:Timeshare Owner? The Mexican Drug Cartels Want You by setopt on Saturday September 28, 2024 @10:11AM (#41680324)
That’s why many countries have government “watchdogs” you can report illegal contracts to, who will investigate it and potentially sue the company if they believe its a scam or somehow against consumer rights.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by xxr on Wednesday September 25, 2024 @10:19PM (#41653871)
I believe most timeshare owners are contractually bound only to sell to individuals, not to LLCs or some other legal entity for this exact purpose.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by bawolff on Wednesday September 25, 2024 @11:38PM (#41654309)
Couldn't you just find a real person who is on the verge of bankruptcy and offer them $10 to take the timeshare?
Re:Timeshare Owner? The Mexican Drug Cartels Want You by beaglesss on Thursday September 26, 2024 @12:06AM (#41654441)
Sounds like fraudulent conveyance.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by bawolff on Thursday September 26, 2024 @01:01AM (#41654681)
Reading https://en.m.wikipedia.org/wiki/Fraudulent_conveyance it doesnt seem like it fits to me, but ianal.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by lnxg33k1 on Thursday September 26, 2024 @02:07AM (#41655038)
Oh because a contract that is like a cronic disease is the highest point of lawfulness
Re:Timeshare Owner? The Mexican Drug Cartels Want You by vkou on Thursday September 26, 2024 @03:42AM (#41655587)
It's not a question of what's lawful or not, it's a question of how much of a pain the litigation is going to be.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by lisper on Wednesday September 25, 2024 @08:29PM (#41653278)
IANAL but I'm pretty sure that would be considered fraud.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by crooked-v on Wednesday September 25, 2024 @08:54PM (#41653418)
The "Texas two-step" has been used by plenty of companies and is structured around exactly those sort of shenanigans. https://www.investopedia.com/texas-two-step-bankruptcy-defin...
Re:Timeshare Owner? The Mexican Drug Cartels Want You by csinode on Wednesday September 25, 2024 @10:02PM (#41653780)
The "Texas two step" is also notably controversial and has been overturned by courts several times, including the most recent attempt: https://www.reuters.com/legal/jjs-ltl-units-bankruptcy-dismi...
Re:Timeshare Owner? The Mexican Drug Cartels Want You by maccard on Thursday September 26, 2024 @07:24AM (#41657082)
If you need to take your case to an appeals court to be protected, it's not a protection for an everyday person.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by lisper on Wednesday September 25, 2024 @10:22PM (#41653891)
Heh, TIL.
Re:Timeshare Owner? The Mexican Drug Cartels Want You by MereInterest on Thursday September 26, 2024 @08:54AM (#41657850)
Though from the wikipedia article [0], it looks like it has only been used successfully three times (2017, 2019, and 2020). There's a fourth in-progress by Johnson&Johnson, where the summaries state that the bankruptcy has been twice dismissed by courts as being invalid.

[0] https://en.wikipedia.org/wiki/Texas_two-step_bankruptcy