Has anyone had to surrender goods?

[shygal]

My question is for anyone who had to surrender furniture or computers...electronics.. things of that sort.My lawyer told me to file on ALL our cc including the ones that hold an interest in our furniture. He said he couldn't tell us YES they will want their stuff back OR NO they will not! Has anyone been in this situation? Will they REALLY want their furniture back that I have had since the summer of 2003? I still owe on it....and I can't imagine why they would want used furniture back !! HELP !! I would like to hear from someone that has been in this situation... thanks so very much !
Mary

[EdytaHome]

I am faced with surrendering a Culligan water softner system which is less than a year old and a camper trailer which is 11 years old but was bought used and still had a loan on it. I was more expecting the Culligan stystem but not the trailer. Oh, well we'll have to do without. After all, I'm still getting almost $20,000 in debt wiped out. As for computers, well we have a Dell purchased in late 2003 which they haven't came after so far. We have 10 days until the end of the objection deadline for Creditors.

[shygal]

Hi EdytaHome, Are you serious.. they want your culligan water softner? I can't believe they would come after that ! I thought they would only want big ticket items...what is the time frame for the creditors to demand their goods back? You said you only have 10 days left? Let me know.. thanks!

[EdytaHome]

Yes it's pretty crazy, the softner system is about a year old, which makes me think if we even got a new unit when we had this one installed. The softner and RO drinking water system cost ~ $2,000. I belive the creditors have 30 days after your 341 meeting to object to anything which is "theirs" and they want back or they want you to pay up on. We have 9 more days now... Culligan called and asked if they could just come and get their stuff after discharge, but I think that at that time if they're SOL... If you don't object to it during BK it's discharged.
I'll be talking to my lawyer today regarding this matter.
Better yet, the travel camper had only $500 to pay off from $4000. The way they got me is that I had an unsecured loan with the CU for $6000 as well. They told me if I don't pay the worth of the trailer $3200 then I can't keep it. So, we're not willing to pay that much for an old stinking trailer.
Good luck, how is your BK going?

[shygal]

Hey EdytaHome,
Our BK is just underway...it seems to be progressing OKY, I guess! Our lawyer said it is a simple ch. 7. Our house has NO equity involved ( we just purchased it in Nov. 2002). My auto is leased and my husbands truck, we still owe on,BUT it is junk now!So we will get to keep those things My only concern is having someone come and take my furniture away...I have been reading that it is unlikely BUT it could happen...the waiting SUCKS !

[crackerbear]

Hey guys:

My Ch 7 was discharged 2 years ago and now they want our dining room furniture back. They have sent 2 letters but I have not responded. I tried to ask my attorney but they said they would have to get my file out of storage. I haven't heard anything from them yet.

[shygal]

Hi Crackerbear, after two years they want your dining room furniture back !I thought once you are discharged thats it ? What state are you in ? What has your lawyer said about it ?Also, where did you get your furniture from ? I have heard some crazy things about some of the stores !.. let mw know.... thanks
mary

[robivi3]

An Attorney will tell you, as mine did, that they may eventually threaten to take the items back. He is not God and cannot tell what action may be taken against you later. The fact is that furniture purchased say on a Rooms to Go Credit Card is DEFINITELY subject to a lean. The furniture is not counted among your assets for this reason.

According to the contract they still maintain an interest in the furniture. I would offer to let them take it. They are probably trying to get cash out of you. The creditor is not wrong in this instance. The debt was discharged yes, but they have a right to the items purchased.

Shygal, to bad you don't live in Broward County, Florida. Your Home would have likely doubled in value since 2002. Ours purchased in Feb. 2001 is now selling in less than a day (identical townhomes) for 2 and a half times what we paid. The older (1975-76) single family two bedroom homes (1200 sq. ft.) here in our area are now going for 225,000 to 245,000, in 1999 I could have bought a three bedroom here for $89,500. No sign of letting up, if I sell I make out. However when i buy my property taxes will then be three times higher!

[HRx]

Hey guys:

My Ch 7 was discharged 2 years ago and now they want our dining room furniture back. They have sent 2 letters but I have not responded. I tried to ask my attorney but they said they would have to get my file out of storage. I haven't heard anything from them yet.

Hi,

You included this debt in your BK correct? If you did just send the creditor a letter, advising them to stop collection action against you, and mail them a copy of your discharge paperwork. Mail these documents to them certified mail.

Good Luck!

[EdytaHome]

OK, now I'm really confused.
If you included a debt in your bk and the creditor made no attempt to collect the property during bk, they can still come and get it after it's been discharged? This is really stupid! The creditor should have a certain amount of time to come claim their stuff back, 2 years is really crazy!!! Isn't there a statute of limitation?

[robivi3]

There is a limitation but it is not unreasonable to sue or demand the surrender of the items. I have not yet, but may face it. We are holding on to some nice furniture that we wanted to give my sister-in-Law for that reason. They have a right to demand the items back.

These are tangibles. Sorry, in the above post I should have said lien, I puzzled over it when I wrote it. Brain clog!

It is not unusual or abnormal, you do not have a right to keep the items. With large corporations it has to go through departments and two years is not unusual either.

Offer the used items to them, or better yet you can CHOOSE to ignore the letters from the Lawyers. They are looking to squeeze money out of you. I personally would tell them that the items are very used, of little value for the wear and to please take them by all means, the dining room chairs are coming apart and the table legs won't stay tight so we are using it to store paint on in the garage. It's in the way, please come get it. They will probably go away.

My Lawyer taught me well, this game is all about bluffing. This is not an issue to fret over. I lost years off my life in my BK, I refuse to do it again. Tomorrow you could win the Lottery or a rich Uncle could die and leave you millions. US Grant was a supposed loser delivering firewood in 1861. In 1869 he was President of the United States.

[EdytaHome]

I'm wondering about my Dell computer purchased in late 2003, Dell didn't show to the 341 meeting, what are the chances of them still wanting it back after discharge. Discharge won't happen until sometime in late or mid April. I guess, if they want it they can have it, it will be old enough by than that I'll want to buy a new one anyway.

[shygal]

Now I am really confussed too ! There is no limitation of time as to when they can get their goods ? I have been reading several books on Bk and I have found that it is never wise to reaffirm a cc. If you have one with a "purchase money security interest" it would be wise to offer a one lump sum of the current market value, which would have to be paid within 30 days. I guess its called Redemption? Has anyone heard of this? Or done this?

[klux]

When we filed our Chapter 13, our attorney filed a motion to avoid lien and gave the creditors 20 days to object. They didn't and then the judge signed an order avoiding a lien from the creditor. I live in Wisconsin. NOw that I am converting to a Chapter 7, the laywer said that I still won't have nothing to worry about since the judge already signed the order to avoid lien. Has anyone else done this?

[crackerbear]

We listed the furniture in the bankruptcy and said we would surrender but they never contacted us. How long are we supposed to keep before we sell it or give it away? What if we have sold some of it already? They never contacted us till now - 2 years later. I'm just going to ignore the letters for now. I'm too busy to deal with them until I have to. After 2 years of renting, we have been approved for a mortgage and are busy househunting. We live in Virginia Beach and prices are so inflated and houses only last about 6-12 hours before they are sold. We have to act quickly.