They want the kitchen cabinets back

[Bosco]

This BK thing is very hard...I am well below the means test as far as income...prior to knowing my wife would lose her job we bought kitchen cabinets on a cc with 12 months no interest...now we know she has to file in the near future and they say ,give back the cabinets...they are 5 months old...what to do ??

good god !!

[empowered]

This makes me want to ask, what about the kitchen sink?

I really should learn to hold my tongue.

Gosh, they want you to pull the cabinets off of your walls???? What if they had to be trimmed or something to fit?

And who are the "they" that are telling you to give back the cabinets? Sounds like it could be an empty threat from the cabinet seller.

If it wasn't your attorney who told you to comply with a demand for the cabinets, I'd consult with one. I would not tear the cabinets off of the wall and return them without finding out where I stood legally. I have trouble imagining these people barging through your doors and tearing the cabinets off of the wall. It would be easier to repossess a car. Anyway, I'd tend to think that in bankruptcy you should be able to exempt them but then, I have not had this situation myself.

[USMCBiker]

As soon as the cabinets were installed, they became part of the estate/home. All they can do is file a lien.

[Fallonedward]

As soon as the cabinets were installed, they became part of the estate/home. All they can do is file a lien.

So true, that is what our attorney told us about our central a/c that was installed 12 months ago on credit. Its attached to the house and they will not be able to take it back in bankruptcy

[ccsjoe]

Bosco,

They can not take something that has become physycal part of the home, as in permanently attached. They can file a lien if they want, but, when all is said and done, althuogh it might not be worth their time and effort. I'm thinking this is more os a scare tactic they're trying to get you to call and attempt to settle.

One question though. You have not filed yet (per your post). How exactly are they wanting their cabinets back? Is it because of lack of payment? Have they sent the account to a law firm for collection yet? You may still have quite a few months ahead of you before they take any real action other than sending you letters or calls.

[Flamingo]

Look at the papers you signed when you purchased the cabinets...there is probably a lien clause in there that yours is a secured purchase. Best of luck to you...

[tobee43]

check with your atty, it's like the bestbuy thing....they get an auto lien...and really now, what are they going to do with your USED kitchen cabinets.

if there is a lien which was auto when you signed the sales contract ....it can be removed after the discharge...it will cost you a bit more in legal fees but really, they aren't coming to pull out your cabinets.

if you haven't filed yet....attempt to put in as much time distance between the purchase and your filing date...although you said it was 5 months ago. i know in my present district,i heard of the ole bestbuy punch....just didn't cut it with the trustees in the chapter 7's when the items where charged over 90 days...(in our district it was 70 days).

i also know someone in a friendly creditors state with the same type of lien agreement and the company fought it and lost...but talk to your atty. (the items were purchased 2 years!!! before she filed and they still fought it!

[Bosco]

Thanks for all the replies...the Atty is telling us that we should have known at time of the kitchen upgrade that we where in financial trouble...this means the cabinets should not of been bought...he is not forcing the removal,but he thinks the trustee will have a big problem with this...

[tobee43]

PLEASE!!! get another atty..........who needs an atty telling you what YOU should have done...if hindsight were 20/20 we all have millions...

i don't even care if you pd this guy or gal...toss them to the side and get someone who is helpful and fight for you....because this one should NEVER be scolding YOU!!!

KICK HIM TO THE CURB!!!! NOW

[ccsjoe]

Thanks for all the replies...the Atty is telling us that we should have known at time of the kitchen upgrade that we where in financial trouble...this means the cabinets should not of been bought...he is not forcing the removal,but he thinks the trustee will have a big problem with this...

Attorney should be telling you how he is going to argue this with trustee, mainly that at the time of purchase you had no knowledge that you would be suffering a job loss in your household.

I URGE you to get a second and even third opinion on this ASAP!!!

[tobee43]

ahhhhhhhh JOE....J...O...E..GMTA!

[empowered]

tobee43, I agree with you about the censorious attorney. I wish I'd kicked my own to the curb when they got nasty with me when I asked too many (a couple) questions about my case. If you're paying for a service it should at least be rendered in a manner that respects your dignity.

There's way too many attorneys around to have to suffer bad treatment.

[tobee43]

If you're paying for a service it should at least be rendered in a manner that respects your dignity.

There's way too many attorneys around to have to suffer bad treatment.

Amen to that empowered!!!!

[Fallonedward]

PLEASE!!! get another atty..........who needs an atty telling you what YOU should have done...if hindsight were 20/20 we all have millions...

i don't even care if you pd this guy or gal...toss them to the side and get someone who is helpful and fight for you....because this one should NEVER be scolding YOU!!!

KICK HIM TO THE CURB!!!! NOW

I so agree with Tobee, our first attorney told us we could only go into a 13 and kept telling us all the things we did wrong....you need someone on your side and let me remind you are paying this person, so if they are NOT on your side they are of no use to you

[tobee43]

our first attorney told us we could only go into a 13 and kept telling us all the things we did wrong....you need someone on your side and let me remind you are paying this person, so if they are NOT on your side they are of no use to you

fallonedward i think that is such a GREAT lesson for everyone! living your experience is the true measure of reality is.