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Possible furniture repo???

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  • Possible furniture repo???

    Chapter 7 discharged, 3/17/11. Received a letter 4/19/11, that we owed Wells Fargo around $4500 for furniture (nothing specific) but it would have to be our bedroom furniture. It is around 2 years old. They said to pay by 5/4/11 but also at the bottom of the page it mentions "if bankruptcy...blah blah," the usual verbage and that they have interest in the property. I spoke to WF when we filed and the man on the phone said they would not take furniture especially if over a year old. Should I believe him? He sounded sincere and didn't try to talk me into reafirming, etc.

    My lawyer said he never knows of anyone having furniture reposessed and just to ride it out and see what happens.

    Any opinions on this?

    I would hate to lose my bedroom furniture, but certainly not paying them $4500 for this over priced furniture to begin with. My lawyer also said that if I offered them $500 they would probably take it, but he said to wait it out and see what happens. I don't want them showing up at my door and if they do, can I refuse to let them in without timely notice?

    Are they in violation to ask me to pay for it?

    Should I actually let it ride or try to settle since this is a secured debt?

    When I first got the letter, before talking to attorney, the number had a recording that said what their hours of operation were and to call back at that time, but I was most definitely calling during their business hours. I'm baffled. Anything suggestions, experiences, etc. Thanks
    Filed Ch 7: 11/2010 and 03/2011 and closed

  • #2
    They don't really want your furniture. It's a last ditch effort to try to recoup some of their loss. I personally wouldn't even try to settle. If they push it, tell them to come get it, the dog peed on the mattresses, the cat scratched the bedposts, and the dresser drawers were used to store old pizza ;) They really, really don't want to take your furniture. It would cost them too much to store it, and they aren't in the garage sale business.
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


    • #3
      Send them a letter by certified mail with return receipt, telling them to cease and desist. Include a copy of your Discharge Order, and remind them that they are breaking the law by contacting you.

      Good luck;
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


      • #4
        Global Services (a liquidation company) called asking if we still had interest in the furniture. I told her probably not, but she said to call Wells Fargo (gave name and number of contact) and discuss with them. They don't want the mattress, just everything else. What would you do? I do want the furniture, but it was way over priced and not the quality one would expect for what we paid. Any suggestions???
        Filed Ch 7: 11/2010 and 03/2011 and closed

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        • #5
          There's a collection agency called Allied Global Services. Liquidation companies normally buy/sell/auction off the assets of companies in bankruptcy. At least that's my understanding.

          I think you're being snowed. I would just say you don't want the furniture. See if they actually make an appointment to come and get it. Don't offer to make the appointment. They might go along with your saying that and you'll think they're really coming. Let them offer to make the appointment. If they don't, you'll know they were trying to squeeze you for money. If they do, you can decide before the scheduled day what you want to do.

          But for now I would call WF and say you thought about it and you don't want the furniture. Just my opinion.
          There are two secrets for success in life:
          1.) Never tell everything you know.

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          • #6
            I have to agree with all above. You are safe. I would not even consider paying 500 bucks to settle. They had their 60 days to bring on objections. They are done and they no longer have the priveledge of being a secured creditor. If so, they should have lifted the stay and repo during your time. Used furniture is like used underwear. Would you buy used underwear at a flea market???

            You're good to go, or better yet, stop worrying. 'Hub
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            • #7
              I personally would ignore them. Each time you talk to them you just feed the monster.
              Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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              • #8
                ? Question for anyone: Could someone actually repo their stuff without having filed an AP in the bankruptcy case?
                Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                New Job 7-2011

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                • #9
                  Originally posted by chicagoannie View Post
                  ? Question for anyone: Could someone actually repo their stuff without having filed an AP in the bankruptcy case?
                  Yes, because the debt was secured by the property. Bankruptcy wiped out the debt, but not the lien.

                  General consensus is they don't come. They just try to scare people into thinking they will.
                  There are two secrets for success in life:
                  1.) Never tell everything you know.

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                  • #10
                    Originally posted by debee View Post
                    Yes, because the debt was secured by the property. Bankruptcy wiped out the debt, but not the lien.

                    General consensus is they don't come. They just try to scare people into thinking they will.
                    Makes sense - I am clear on this now - thanks debee!
                    Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
                    New Job 7-2011

                    Comment


                    • #11
                      Originally posted by AngelinaCat View Post
                      Send them a letter by certified mail with return receipt, telling them to cease and desist. Include a copy of your Discharge Order, and remind them that they are breaking the law by contacting you.

                      Good luck;
                      This^^^^

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