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Will items have to be sold or given back?

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    Will items have to be sold or given back?

    Have a tv, washing machine, and a mattress from Badcock. I am filing chapter 7 and have plenty in exemptions. I am in Fl and will not have homestead. Would these items be covered under the exemption or will these have to be sold or giving back to badcocks? I am a little confused about all this. Since I have these does it make it a asset case?

    #2
    They are considered "secured" property, unless you purhased it with a Mastercard, VISA or similar credit card. Using store credit or a store credit card places a "purchase money security interest" (PMSI) on the property. This works just like a lien. Whether Badcock will actually try to recover the property is another story.

    When did you purchase those items on Badcock credit? Hopefully it was years ago... meaning at least 2 years ago. That seems to make them not want the items back.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      No I only had these items for about a year now.

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        #4
        What do they do with this stuff? I can't imagine that a year old mattress would have any value to them at all. Maybe the TV and washing machine...
        Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

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          #5
          Especially a mattress -- or furniture -- that has been soiled by children and pets!
          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

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment

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