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    Conns/Secured Debt

    Hi everyone. So im about to file my chapter 7 any days now. I have one secured debt which is from Conn's furniture and that was back in 2015 I believe. We got a livingroom set from them, a washer and dryer and refrigerator . I only agreed that time to put all in my credit because my ex husband is supposed to be making the payments(his money). We've been paying them straight for a year until i decided to moved out (finally) from that house(we've been divorced, just living together). So my ex just to make it hard for me, decided to quit making payments for it. I dont have the furniture with me. I moved out with just my clothes. He has it now with the house he's living in. Is there any chance the creditor will want it back or object the discharge? Thanks
    Last edited by bebot1111; 08-08-2018, 01:38 PM.

    #2
    There is a chance they will want it back, but that doesn't sound like your problem now. If you live in a community property state, the debt is legally your ex husbands as well, if you were married at the time you acquired it. You can let them know that you no longer have it and who they can contact if they want to pursue repossessing it. I doubt they will object to the discharge as they will not be able to take action until the stay is lifted. And that won't happen until discharge unless they file a motion to lift the stay and it is granted. I can't imagine they will want to go through that for 3 year old furniture and appliances.

    If they do show at your 341, just explain the situation as you have here - ex husband has the property at his residence, feel free to go get it from him. The fact of the matter is that if you can't produce it and can explain why, I don't see any real problems. Of course, you have to see how it plays out to know for certain, but I think you don't really have anything to worry about here.
    Case Closed > 2/08/2010

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      #3
      Thank you for explaining that to me. I really appreciate it..

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        #4
        I am curious as to your outcome with Conn's. I was, note WAS on my last day of the 60 days past my 341 and Conn's filed on that date an objection. They have had 60 days to file this, they were invited to the 341 meeting. Can I contest this? Just curious. Thanks all! This bkforum has saved me much worry about things.

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          #5
          Texster18 I haven't have my 341 yet . But my Conns was sold to another lender already and my attorney told me that once that happen, its no longer a secured debt. But who knows. I will have to find out at the end.

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            #6
            Hey Lalaland1, I talked to my attorney and they didn't file what I thought they filed. Instead of a contest of the discharge, it was something related to contacting them with any and all paperwork. Thought that was kind of funny considering they have probably already been receiving all of the paperwork. Either way, my discharge came through on the 11th, so all is clear now! It was exactly 63 days from the 341 meeting. WHEW!

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