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How long does the creditor have to pick up items from secured loan after discharge?

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  • #16
    I'm set to see him Monday, thank you.

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    • #17
      Today I received a "Notice of Our Plan to Sell Property" from Tower Loan for the recliner the picked up. Is it normal to receive one of these telling me about how they will be reducing the amount I owe them after the sale if they get less than what I owe and how I can get it back before they sell it by paying the full amount I owe that is due/past due? I though because of the bankruptcy I didn't "owe" them anything. I will definitely be bringing this up to my attorney Monday when I see him, but want to make sure they're not lying to me just to avoid doing anything about it.
      I've almost been tempted to contact my trustee myself about all of this, but I know she is not my counsel and probably wouldn't be able to do anything without them telling her what they want her to do or by filing a motion anyway.
      Thank you all.

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      • #18
        The Trustee won't care as this is the responsibility of you and your attorney to bring this before the court. While I don't think I ever heard of a company like Tower Loan sending these notices, it's quite common with real property during foreclosure to have an offer to "redeem" the property in question. I think that the language in that notice should have included a Bankruptcy statement indicating that if the debt was discharged in a bankruptcy then they would not be attempting to collect the amount owed.

        Yes, I would bring that up, but I think the paperwork that you received is boilerplate and something that they normally do (and may be required under State non-bankruptcy law).
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

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        • #19
          State law may require Tower to send out a notice of public sale. The notice may say that the property will be sold at a public sale after 10 days or something like that. We have it in Arizona for vehicles. I'm not sure about other personal property.

          Des.

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          • #20
            Okay. Thank you both. I had never seen anything like it before and because it made no mention of the bk was surprised they sent it. The main paragraphs that concerned me were: "The money we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else." And... "If you want us to explain to you in writing how we figured the amount that you owe us, you may call us at ... or write us at ... and request a written explanation."

            It just made it sound like I'd be getting another bill for them or they were going to pursue this amount in the future even though it's discharged.

            Again, thank you everyone for explaining this to me. It just feels like I spent money for my attorney to defend them and protect them more than they have me so sadly, I don't trust them much at this point.

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            • #21
              Sorry it took so long for an update. I saw my actual attorney for the case, not his assistant, and told him everything that was going on. He was less than happy with her actions up to that point. He stated that their requests for money would wind up being a he said/she said type scenario and anytime they had done something like that I should have told them to put it in writing. That said, I showed him not only where they added the account back to the credit report, but also a letter I'd received from them Saturday stating that they were going to be selling the recliner they'd repossessed and would notify me after how much money I still owed them plus their fees. I also showed him the copy of the order that was received by the company scheduled to pick up the items that clearly made no mention of the mattress. He immediately dictated a letter to them telling them that while they might not like the fact I filed bankruptcy, I did and that gave me certain protections under the law. He also told them to quit harassing me and to remove the credit report entry or correct it as their actions were in violation of these laws and punishable by fines and hefty attorney's fees. He ended it that going forward if they needed anything regarding these accounts they were to contact him only as no one else in his office was authorized to discuss my accounts with them. He then told me he couldn't guarantee it would stop it, but that if they called going forward to let them know I was represented by an attorney and that they needed to call him, then hang up. As I was leaving he was headed into his assistant's office and quite frankly, I hope she got an earful. Obviously, I should have bypassed her much sooner and that's a lesson I honestly hope I never have to put to use again in the future.

              Thank you all again and I hope you have a wonderful week.

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              • #22
                I'm glad things are back on track. The only way that the integrity of the bankruptcy stay (automatic stay and discharge injunction against "collection") is maintained is by first, debtors telling their attorneys, and second, attorneys defending the integrity of the stay. Violations of the automatic stay and discharge injunction infuriate me and, as you may not know, judges as well! I watched a judge in Florida grant $80,000 in damages to a lady that was just called by Verizon... 80 times.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

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