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About a year ago my wife and I purchased a timeshare in Canada, which was financed directly by the timshare company, located in Alberta, Canada. We are US residents. After careful consideration of the terms of our timeshare agreement and the value of the timeshare itself, we feel that it does not make financial sens for us to continue to satisfy this contract. If we were to default on the loan provided by the Canadian based timeshare company, would they be able to pursue us in the United States for any uncollected portion of the debt? Would they be able to report the status of this loan to the credit bureaus in the United States?
Any input would be greatly apreciated.
Thank You,
Steve in NY

They could certainly sue you in NY, and if the contract provided that you submitted to jurisdiction in Alberta, they could even sue you there.  (You'd have to read the contract to know).  But how much money is really involved?  That would say a lot about whether they would  bother to do that.  They can certainly report the matter to credit bureaus if they choose to do so.

Much depends of whether it's worth while to them.  If it's $5000 they'd probably just write it off.  If it's $50,000 they'll pursue.  I think all you can do is read the contract (to see if they can sue in Canada) and then see what they do.

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Michael T. Hertz


I can answer most questions concerning bankruptcy, whether business or personal, including questions by debtors, creditors, persons interested in purchasing assets from bankruptcy estates, and the like. Also have expertise in tort law, French and Canadian law.


Practiced bankruptcy for 27 years in California and taught bankruptcy for three years in Maine. This included Chapters 7, 9, 11, 12 and 13 cases, representing debtors, creditors (secured and unsecured), bankruptcy trustees, creditors committees, and persons interested in purchasing assets from bankruptcies. Debtors included persons with virtually no money up to large corporations.

Inactive member of the Bar of the State of California. Nonpracticing member of the Bar of Massachusetts. Formerly member of the Maine Bar and conseil juridique in France. Certified by National Committee on Accreditation in Canada.

Georgetown Law Review; California Bankruptcy Journal; Maine Law Review; Dalhousie Law Journal; University of Toronto Law Journal.

Harvard Law School (J.D. 1970; cum laude) and Pomona College (B.A., 1967; cum laude)

Awards and Honors
Selected as a "Superlawyer" in 2005 and 2006 for Northern California.

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