Is landscaping a secured debt?

[shako]

Hi. I've been lurking here for a few weeks, and I'm hoping someone here can answer my somewhat unusual question.

I recently lost my job, and I filed Chapter 7 on 10/16/05. Amongst my $40,000 of debt is a $12,000 bill for landscaping that was done in mid July.

My attorney says that this is an unsecured debt, and that noone can come and tear out my landscaping. However, in my contract with John Deere Credit, it says that the issuer has a "purchase money security interest" in the goods described. Doesn't that mean that my landscaping can be ripped out? That, of course, would be a big tip-off to all of my gossipy neighbors that I have filed bankruptcy.

Thank you in advance.

[hhou812hh]

If your atty read this agreement then he "should" be correct. They wouldn't be allowed to come on your property since it would violate the automatic stay.

As for these folks, "gossipy neighbors" they should be the least of your worrys. This is YOUR financial life at stake. In 6 months they will probably forget about it anyway and move on to the next neighbor. I know the feeling though, but I don't care about them . If you have kids it maybe a bigger pain since they will probably speak of it near their kids and their kids will speak of it to yours.

Good luck finding a job!

[StaciMM]

My first thought-the contractor might be able to take out a mechanic's lien on your property. I'm not sure of how this type of debt would be affected by BK.

[shako]

Thank you for your prompt responses!

You are right, hhou812hh, about not caring what the neighbors think, but my mind is still at the "shame, guilt, no one can know" stage. Hopefully, I will get over that soon, or this process will be even more difficult.

StaciMM, what is a mechanic's lien, and how could that encompass trees, shrubs, etc?

Thank you both!