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Are creditors really interested in my used stuff

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    Are creditors really interested in my used stuff



    I don't have much in the way of assets. Old car, washer/dryer, fridge,
    couple of tv's and one working computer. (No wide screen/flat screen tv's or Rolls Royce's in the driveway)

    Alot of the things I have bought over the years on store cards, and credit cards, have died, been hauled out to the trash, donated etc.

    My limited understanding is that on the store cards, the creditors will ask to reaffirm, or they can come and take it. I have no problem with them taking things back (other than my washer/dryer and fridge). I made a joke with my attorney that I had bought some linoleum on credit a few years ago and wondered if they (the creditors) would take it. She advised be ready to tell them that if they wanted the flooring back to come get it. LOL....they can have that to, but I can just see that sale sign now.

    Sorry so long, just curious how seriously creditors pursue you for tired old "stuff".

    Thanks as always for the feedback! Don't know what I'd do without this forum.

    #2
    I doubt you will hear from any creditors for your old stuff. I would not even bring it up, unless asked.

    Most "Store Cards" are actually backed and covered by larger lenders, like Chase, Citi, MBNA, etc. Often you can tell by looking at the actual card.

    If this is the case, they have already been paid, and the credit lender (MBNA, etc) is now the real creditor.

    Realistically, even if they COULD take back your refrigerator, I imagine a quick call to CBS News or the local newspaper would be enough shame to make them rethink.

    I can't imagine they would even try, except if you purchased very nice, very high end appliances in the 90 days preceding filing. Even THEN, they wouldn't want the stuff back-it's essentially used and worth far less now-but would try to make you pay for it outside of BK in the full amount.

    best wishes,

    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      Thanks DMC

      No high end stuff for me. When I bought the fridge,washer/dryer it was very low end just the cheapest most basic model I figured I could afford.

      I haven't made any credit card purchases since December of last year, other than one CC I used to buy food and gas in early January.

      Thanks again for the kind wisdom.

      Comment


        #4
        Most "store" type cards have a UCC statement in their agreement. Basically, larger items purchased from the Store are the underlying security for the purchase. The Store can ask for the items back.

        Having said that,............. Generally the Stores don't.

        If you do get some sort of contact, it'll probably come months after your BK is Discharged. Bass and Associates, or some other Junk Debt Buyer, will send you a letter wanting you to tell them what you bought and when. They'll know the $$$ amount of debt they bought, but they won't have the underlying documentation that goes along with the charges.

        If they do, you tell them what you said here. That the washer or fridge bit the dust eons ago. That what ever item is in pieces in a box. You'll be glad to leave it on the front porch for them to pick up.

        And, Oh, By the Way,........ You just violated the Permanent Injunction of my BK where this debt was Discharged.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          ??? I'm somewhat ignorant

          by that I mean me

          What's "Permanent Injunction"?
          Last edited by desperation; 05-15-2007, 07:29 PM. Reason: rewording response and question

          Comment


            #6
            My ex filed for bk 20 years ago.. (when we were newly dating), and one company fought him tooth and nail for a queen size bed/mattress they had financed. They showed up at the creditors meeting and demanded the bed back, and my ex told them to come and get it. They never showed up.

            Comment


              #7
              Originally posted by desperation View Post
              What's "Permanent Injunction"?
              SF means the automatic stay that immediately stops all collection attempts when you file bankruptcy. See http://www.moranlaw.net/stay.htm for all the details about bankruptcy's automatic stay.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #8
                Originally posted by desperation View Post
                by that I mean me

                What's "Permanent Injunction"?
                During your BK period, you're under protection of the Automatic Stay that comes into place. Once your debts are Discharged, the Automatic Stay is replaced by a Permanent Injunction.

                From Lrprn's link:

                Stay permanent upon discharge

                When the debtor gets a discharge, the automatic stay is replaced by a permanent injunction prohibiting creditors from all of those actions with respect to discharged pre petition debts that the automatic stay prohibited.

                Creditors are prohibited from Collections attempt forever on debts discharged in BK.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

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