Surrendering Secure Property

[newimges]

I filed Chapter 7 on 10/03/07.

I have some furniture that was purchased on a store credit card that is secure. I already filed the Statement of Intention with with my intent to surrender the property to the creditor. I also served the creditor with the Statement of Intention today.

My question is how is the property surrendered? Is it up to the creditor to pick the property up or my responsibility to deliver the property to the creditor?

Thanks in advance for your response!

[nc73]

I filed Chapter 7 on 10/03/07.

I have some furniture that was purchased on a store credit card that is secure. I already filed the Statement of Intention with with my intent to surrender the property to the creditor. I also served the creditor with the Statement of Intention today.

My question is how is the property surrendered? Is it up to the creditor to pick the property up or my responsibility to deliver the property to the creditor?

Thanks in advance for your response!

They will call to schedule a pickup.

[newimges]

Thanks for your response NC.

So to clarify - I am NOT responsible to deliver the furniture to the creditor correct?

How long does the creditor have to pick up the furniture? Is it within 30 days after the 341 meeting? If they don't pick up the furniture it is considered abondoned.

Thanks!

[nc73]

Thanks for your response NC.

So to clarify - I am NOT responsible to deliver the furniture to the creditor correct?

How long does the creditor have to pick up the furniture? Is it within 30 days after the 341 meeting? If they don't pick up the furniture it is considered abondoned.

Thanks!

I think it is 30 days but they may not even show up. If they don't pick it up it's yours to keep.

[demismom]

I didn't file any intention and my attorney put it all down as unsecured. They never called and never objected.

[DivorceRuinedMe]

I didn't file any intention and my attorney put it all down as unsecured. They never called and never objected.

I have this situation right now Demismom and what I'm wondering is if my furniture really is secured or not. I purchased the furniture from Rooms to Go and Havertys furniture stores. I used their credit cards to get the furniture (citibank was the backer). I don't have the original paperwork anymore stating if the loan is secured by the furniture (like say something from Best Buy would be secured).

So, am I correct when I read that your attorney listed your furniture as unsecured, and you therefore did nothing (signed no statement of intention) and no one ever came to get the furniture. I wonder if I should go bring this up to my atty and see if we can go this route too? I told her that I still have the furniture (well some of it anyway - my ex got some of it in the divorce) and that I couldn't reaffirm and if they wanted it, they could come get it but I hoped they didn't or else we'll be sitting and sleeping on the floor (purchase was for a couch and mattress - LOL).

[ohwell]

My atty did the same thing with our PMSI's for furniture, he listed them as unsecured and has the attitude "let them prove they are". I think alot of times they do nothing. We didn't reaffirm them either, and haven't heard anything. Our charges are over 2 years old, and the balances aren't that high, so its probably not worth it, especially when its a mattress and living room furniture. We will ignore phone calls if they call after the discharge since they can try to take the furniture, they are allowed to attempt it.

[demismom]

DRM - yes, you have it EXACTLY right. We bought from Sears and Kay's Merchandise (now BK as well). Neither called us or filed any sort of objection.