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    #1

    Have you heard of this?

    I received my discharge on 1-13-06. I thought that was it and now I was done. My attorney called me today and said one of my creditors is asking me for a deposition as to what happened to the furniture I had purchased from them. I actually don't have the furniture since one piece was a sofa that would not fit through my basement stairway and the other was a mattress and boxspring I let a friend purchase on my account. I said "no way", I thought I was discharged???? My attorney said they may still have a security interest in the furniture?? Does this make sense and is it true?
    Cindy
    Tags: None
    #2
    yes it makes sense and it can be true.

    however, 99% of these folks dont hold a valid agreement with the state to hold liens on secured debt. and also most dont go through the bother of collecting on it anyways.

    if you dont have that stuff anymore then thats the answer. tell them you sold it for whatever reason if thats what you did. they cant collect the debt - its been discharged. they cant take the items if you dont have them anymore.

    if you have the items then it still costs them money to deal with getting it. your attorney should have told them to go F off. lol and they usually will.

    whats the name of the store?
    how much is each item purchased for?
    when was each item purchased?
    where are the items right now? (think slowly and wisely about this answer )
    Im not an attorney or a trustee. You cant trust me either though!

    [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
    [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
    [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
    [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

    Comment

      #3
      go read here for more info. contact your attorney to find out the truth for your case.

      http://www.mcfarlinlaw.com/phpbb/viewtopic.php?t=16&highlight=secured
      Last edited by bkfiler; 01-20-2006, 05:34 PM.
      Im not an attorney or a trustee. You cant trust me either though!

      [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
      [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
      [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
      [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

      Comment

        #4
        also, they would take up time and money filing a replevin against you. so they have to consider the costs.

        Replevin : A type of legal action where the owner of movable goods is given the right to recover them from someone who shouldn’t have them. Replevin is often used in disputes between buyers and sellers -- for example a seller might bring a replevin action to reclaim goods from a buyer who failed to pay for them.
        Im not an attorney or a trustee. You cant trust me either though!

        [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
        [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
        [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
        [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

        Comment

          #5
          It is subject to lien but doubtful they will get blood from a turnip. However your Attorney may charge for this. Don't rack your brain over it. basically it is used furniture and what is used furniture worth? I would not cringe at this though it is aggravating.

          Like BK says it costs them $$$$$ to pick it up. likely the subcontractor would refuse it if you had it, it has to be worth getting. This ALLLLLLL a MONEY GAME. They ain't gonna git' nuttin'!!!!!!!!!

          Play the game, you are discharged. DO NOT SHOW FEAR AT THE DEPO!!!!!

          The friend? He moved to Tamburu Botswana, "you know Tamburu, where the plague broke out, you can call him if you want him to ship the sofa back, course it'll have to be quarantined first". The hell with them, they factor the loss in and they are nickel and diming you over it.
          Last edited by robivi3; 01-20-2006, 05:38 PM.
          "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

          Join the Mobile Infantry and save the world. Service guarantees citizenship.

          Comment

            #6
            thanks, I feel the same way. I don't even know the people that got the sofa. They came and picked it up with a trailer and my friend with the mattress had a cat that ended up having heart problems and urinated all over it. TRUE!!! I will just tell them all of the gory details at the depo IF I HAVE ONE!! I am hoping they just blow it off.

            Comment

              #7
              OK, help me with this "secured" issue. At one time or another probably most of my household items were purchased using credit. When are they considered "secured" and can be repossesed despite an exemption?
              Is it when you use a store card like Best Buy or Sears to purchase an item from their store? Or can MBNA see that I actually purchased a bed two years ago and (since it is probably not worth taking) at least bother me about it to punish me?

              Comment

                #8
                MBNA type credit cards are not secured cards in any sense of the word. what you bought with those cant be taken if you can exempt it.
                Im not an attorney or a trustee. You cant trust me either though!

                [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                Comment

                  #9
                  I'm catching up on weekend posts!

                  If you no longer have the furniture, notify them of such. It WAS a secured account, but you no longer have the items and they can't charge you for them. They can't repossess what you don't have.
                  Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                  Comment

                    #10
                    Yeah lol.

                    We had a drinkin' contest. You know. Had some beers and you know, jimmy starts pukin' all over the couch. Then the dog ran up on it to lick it up, and the dog puked all over the couch too. But it ain't too bad. Theres a couple clean spots on it, where the pillows were sittin. And the mattress? Oh well yeah, the mattress, got a story for that one too...

                    Comment

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