Items left over after BK discharge, ie: 4 wheelers

[NUTNDUN]

Hi,
I had a few questions regarding some items that we still have since the BK discharge. We have 2 atv's that we purchased over a year ago through that brand's credit card. We had another one that was financed directly from another manufacturer and they called us right away to repossess it. I wanted to find out if we will end up keeping the two that are still here since they were basically put on a branded credit card or will they eventually come and get them. Also I don't know what would happen to the titles? Any advice would be appreciated.

[aachudneymiles]

Hi,
I had a few questions regarding some items that we still have since the BK discharge. We have 2 atv's that we purchased over a year ago through that brand's credit card. We had another one that was financed directly from another manufacturer and they called us right away to repossess it. I wanted to find out if we will end up keeping the two that are still here since they were basically put on a branded credit card or will they eventually come and get them. Also I don't know what would happen to the titles? Any advice would be appreciated.

well, if you financed it they have the oringnal title right? anyways they can come get it when they want- if they dont even better but no one on here can tell you if they will let you keep it or not.. some repo after discharge some lift the stay and do it early ( if not willingly gave up after you send statement of intentions ) .
I would put it in mind that they will come for it just so if they do come you will be ready but if they dont even better.

[NUTNDUN]

Thanks for the info, I was always under the assumption that they will come and get them but wasn't 100% sure since they were bought with a branded credit card. I also wasn't sure if there was some set amount of time after discharge and closing that they would have to come and get the stuff.

[325Falcon]

If you paid for them with a unsecured CC then I think you will keep them.

[SUB]

I believe as long as enough time has passed since the purchase, you keep them.

[Cali]

I also think if you paid for them with an unsecured CC then you get to keep them.

[aachudneymiles]

well, if you financed it they have the oringnal title right? anyways they can come get it when they want- if they dont even better but no one on here can tell you if they will let you keep it or not.. some repo after discharge some lift the stay and do it early ( if not willingly gave up after you send statement of intentions ) .
I would put it in mind that they will come for it just so if they do come you will be ready but if they dont even better.

update sorry thought brand card meant store card not visa mastercard etc

[NUTNDUN]

I figured I would give an update, the law firm that is representing the security interest of the four wheelers called me today to see about picking them up. The one is a 400 and was about $6,000 new and the other one is a 50cc that we got for the kids and I think it was around $2,000 new. The lady that called said they would definitely pick up the big one but she said the little one would end up costing them more to pick it up and try to sell it then it would be for them to let me buy it really cheap. She asked me if we could do $400 and I told her we couldn't and she said that $200 is about as low as they could go on it so I told em I would take it. At least the kids will still be able to ride and it should still be worth $1,000 or so. I appreciate all of the input.

[aachudneymiles]

I figured I would give an update, the law firm that is representing the security interest of the four wheelers called me today to see about picking them up. The one is a 400 and was about $6,000 new and the other one is a 50cc that we got for the kids and I think it was around $2,000 new. The lady that called said they would definitely pick up the big one but she said the little one would end up costing them more to pick it up and try to sell it then it would be for them to let me buy it really cheap. She asked me if we could do $400 and I told her we couldn't and she said that $200 is about as low as they could go on it so I told em I would take it. At least the kids will still be able to ride and it should still be worth $1,000 or so. I appreciate all of the input.

well did they set up a pick up date? update us if they actually come..because some dont

[NUTNDUN]

You know now that you mentioned it I am wondering the same thing, she said their driver would call me to pick it up and he hasn't called me, I'm not sending out a check for the little one until they actually come for the big one, for all I know it is just a scam to get some payment. We are having other issues with another one of the creditors which is going to turn into a lawsuit. Basically to try to make a long story short here is the scoop:

In 2003 I was living with my parents and my dad and I both have the same name, only difference is he is the 2nd and I am the 3rd. I had gotten a $5,000 personal loan to help with my divorce, well about a year ago when we were doing alright financially we went to call the bank to get the payoff and they couldn't match the account number to my social. We then found that they had my dad's social and birth date tied to the loan and it has been an ongoing process since then trying to get it switched up until the bankruptcy. We had a copy of the loan agreement faxed to us and it was clearly my signature on the loan but it was my dad's information.

Anyway since the bankruptcy was filed we continue to get past due statements in the mail and a weekly phone call from them. They even had the nerve to make the statement that I was committing fraud, I am hoping my attorney can nail their ass to the wall and possibly get enough to cover what we paid in attorney fees for filing. I am 99% sure that the whole screw up is because someone didn't do their job correctly when the loan was originally drafted and just used my dad's information to fill in whatever blanks they had.

[aachudneymiles]

You know now that you mentioned it I am wondering the same thing, she said their driver would call me to pick it up and he hasn't called me, I'm not sending out a check for the little one until they actually come for the big one, for all I know it is just a scam to get some payment. We are having other issues with another one of the creditors which is going to turn into a lawsuit. Basically to try to make a long story short here is the scoop:

In 2003 I was living with my parents and my dad and I both have the same name, only difference is he is the 2nd and I am the 3rd. I had gotten a $5,000 personal loan to help with my divorce, well about a year ago when we were doing alright financially we went to call the bank to get the payoff and they couldn't match the account number to my social. We then found that they had my dad's social and birth date tied to the loan and it has been an ongoing process since then trying to get it switched up until the bankruptcy. We had a copy of the loan agreement faxed to us and it was clearly my signature on the loan but it was my dad's information.

Anyway since the bankruptcy was filed we continue to get past due statements in the mail and a weekly phone call from them. They even had the nerve to make the statement that I was committing fraud, I am hoping my attorney can nail their ass to the wall and possibly get enough to cover what we paid in attorney fees for filing. I am 99% sure that the whole screw up is because someone didn't do their job correctly when the loan was originally drafted and just used my dad's information to fill in whatever blanks they had.

yeah they may not come... if it was a visa mc etc you paid with then I dont see how they could come get it ( wasnt secured). But on the loan (with dad ssn) was your ssn on the loan contract or just on the app you filed out

[NUTNDUN]

yeah they may not come... if it was a visa mc etc you paid with then I dont see how they could come get it ( wasnt secured). But on the loan (with dad ssn) was your ssn on the loan contract or just on the app you filed out

The four wheelers were purchased with a suzuki cc which I think is through household retail services.

As for the ssn, I think they have my dad's ssn on the contract, I don't remember what was on the original app as I don't have that. I am going to have to have the attorney request that stuff. I asked what the ladies name was and she asked me why and I told her I needed it so I could give it to my attorney and all she would give me is it's Mrs. Anderson, and she said she would give me her supervisors name which she did. We are going to contact the attorney tomorrow. I forgot to mention tonight was one of the nights that they contacted me, which in a way is funny because they asked for the 2nd and I told them I was the thrid and she continued to talk to me anyway and then asked also why I don't just pay it with such a little balance left which is $1,000. I am hoping all of it gets ironed out, because we triede for the last year to get all of this straightened out long before I had any idea I was going to file.

[SUB]

Hi,
We have 2 atv's that we purchased over a year ago through that brand's credit card. .

What "brand" card?

If it had an MC or VISA logo, you would have been issued title or ownership certification from your state.

Given the time lapse between purchase and BK. How could they pick them up at all?

[bunnedout]

Intangibles Indiana

The Indiana Exemption that I have a question about is : $"100 on any intangible personal property, except money owed to you." Does that mean that anything worth over $100 is something they can come after? I hold the title to my 4-wheeler. Will I be forced to sell this? I am a little confused about all of this. Should I sell the ATV to my friend so it can be titled in their name?

[NoMoreRed]

I read this and I think the key points are that you paid for all but one with a CC which is unsecured and the other is under contract which would make it secured. If the CC debt was discharged in the BK and is unsecured then how could they take what you purchased with the unsecured CC?

How did that creditor file their claim? Secured or Unsecured? You should be able to look up the claims that were filed with the trustee on PACER and the paperwork will usually show that info.