Ch 7 discharged and closed -- now they want furniture...

[risha]

Hi guys,

My Ch 7 was discharged and closed in September

Now I started getting phone calls from some company that says that it represents the XXX company (furniture was financed through it) and that they have "a pick up order."

Does it mean that they can come anytime and pick up the furniture?
Also, what should I do -- do I need to answer those calls or just ignore them???

Thank you

And good luck to everybody

[Boscoe]

Risha - I assume you included the furniture in the bk as an asset. If you have been discharged, they CANNOT take the furniture, period! Go talk to an attorney.......

[risha]

Yes, it was included, but my attorney said that they can attempt to get furniture back (as well as Dell computer) at any time

[Boscoe]

Your attorney is wrong. You "exempted" the furniture using your state or federal exemptions, right? And the furniture co.'s debt was discharged in the bk, right?

If yes, they CANNOT touch your furniture, as it would be a violation of the discharge order you received.

Go see another bk attorney if you need to. This sounds like a clear violation.

[familyof7]

I would say my dog chewed on it and we threw it out or, our hot water heater broke and damaged all of my furniture and we threw it out or , we had a bug infestation and after several attempts of bombing to kill the bugs we trew out the furniture ha ha or, our kids are very rough and after spill after spill of milk juice and such we decided to throw it out and get new ones and if you want the furniture go to the dump. I like the last option the best.

[risha]

and if you want the furniture go to the dump. I like the last option the best.

I like that option as well...
But on a serious note -- if I just do not pick up the phone, will they figure that option out by themselves, or will they continue their attempts?

Also, my lawyer said that since it was a secured loan (furniture, computer, etc.), then the crditor can always try to get the merchandise, even though the debt was officially discharged

[HHM]

Boscoe, I am afraid you are DEAD WRONG on this issue.

Assuming the furniture was financed and not paid off, the lien of ANY SECURED debt survives the BK (why do you think the car finance companies can still repo cars even after a BK if you stop paying). The only thing that gets discharged in a BK regarding secured debt is the debtor's personal liability for that debt (i.e. the obligation to pay). However, the creditor ALWAYS maintains their right to retake the property that secures the debt. So, if the furniture company actually wants the furniture back (which to be honest, I am surprised they would), they can take it back.

Asset Exemptions are only about whether the trustee can take that item of property and sell it to help satisfy the debt you owe to "all" your creditors, collectively. The exemption is irrelevant to a purchase money lien holder.

[SinkingFast]

Boscoe, I am afraid you are DEAD WRONG on this issue.

Assuming the furniture was financed and not paid off, the lien of ANY SECURED debt survives the BK (why do you think the car finance companies can still repo cars even after a BK if you stop paying). The only thing that gets discharged in a BK regarding secured debt is the debtor's personal liability for that debt (i.e. the obligation to pay). However, the creditor ALWAYS maintains their right to retake the property that secures the debt. So, if the furniture company actually wants the furniture back (which to be honest, I am surprised they would), they can take it back.

Ditto's!!

Chances are, the original loan agreement has a Security Interest Statement included in it. The Furniture is the security for the note just like a car would be for an auto loan.

If Risha did not Reaffirm the furniture loan, and continue making timely payments, the Creditor does have the right to get the property back.

[familyof7]

we had jewelry secured but the jewlery was "lost" after we told them thisthey never bothered us agan and it was discharged they cant take what you dont have

[risha]

Thank you, guys

I have only one question left -- do I need to pick up the phone and talk to those people re: furniture, or should I just ignore it and hope that they go away?

[lrprn]

I have only one question left -- do I need to pick up the phone and talk to those people re: furniture, or should I just ignore it and hope that they go away?

Ignore them and odds are 99.9% they will go away. They want your money, not your used furniture.

[risha]

Just wanted to post an update for anybody in the same situation. Furniture people called many more times, I did not pick up. The last time they called they left a message that they will see me the following weekend, when they come to pick up the furniture... It was about 2-2.5 months ago... Of course, they did not show up.

[krielly]

My guess is this...
Like others have said, they really DON'T want your furniture.
What they DO want is your money.
They can't ask for it by law, as your debt was discharged, but they are banking on the fact that when they threaten to come get your furniture, you will offer to pay them off to keep it.

The sad part is, I'm sure they take advantage of a lot of people that way..............

[Boscoe]

Yes, the moderators are correct if this furniture is a secured asset. But no post said that so I assumed it was purchased on a furniture store credit card...

But if the furniture gets damaged, worn out, etc., then they really don't have any recourse. They will give up, and sounds like they did..........good for youl.

[millerc507]

Our furniture company has called about picking up . . . yet. I can't wait till they do. I will be happy to send them pictures of where our dog has chewed all the crossbars on all four of our table chairs and chewed one of the legs off the couch. If they truly want to spend the money to have someone come and get it . . .go for it.