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    Furniture Repo Question

    Liaah's Home Depot repo door thread got me thinking. In my divorce settlement, my ex got 6 chairs to a dining room set as well as a coffee and end table that are on one of MY Haverty's credit cards (furniture store here in Fl). Now this cc was a deferred card where I haven't paid one dime for the stuff yet and I don't even think it's due until 01/08 which is going to be well after I file. If they do want to come and get it if I say I don't want to reaffirm it, how can I do that if the ex now has the stuff?

    What would happen in this situation? Can they go and take the stuff from my ex? (this would give me some satisfaction but since my children go there every weekend and use that furniture, I wouldn't want that to happen, although it is tempting - LOL).
    11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

    #2
    Originally posted by DivorceRuinedMe View Post
    What would happen in this situation? Can they go and take the stuff from my ex?
    According to your divorce decree, who owns the debt tied to the chairs? And when did the charge go on the cc? (Truthfully, whoever owns it and when the debt hit your card likely won't matter. The furniture store is 99% not going to jump the legal hoops so they can show up to take the furniture anyway.) Sorry to spoil your fun poking back at the ex!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I own all the debt tied to all the ccs. They are all in my name. He got those particular furniture items in the divorce, I got other items. At the time, it wasn't a big deal to me b/c I wasn't sure if I would be filing. I guess I shouldn't worry though, huh?
      11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

      Comment


        #4
        Originally posted by DivorceRuinedMe View Post
        I guess I shouldn't worry though, huh?
        If you own the debt and your ex has possession of the furniture and he didn't file, I don't see how the creditor could get the furniture from him. Check with your lawyer to make sure, but I'd take this one off the top of the worry list
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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