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We got a new Central A/C installed from Home Depot a year ago. Will they demand that we surrender it, if so I'll tell them to come and get it as its not worth it to me to save it
Reading through the posts you will see this question asked over and over.
The answer remains the same: ignore them.
Reason is simple:
It is profitable (low cost, high yield) to try to intimidate you and get you to fork over $$
It is not profitable (high cost, low yield) to repossess used furniture.
I have not seen a single post where furniture was repossessed.
Tom in Colo
Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010
How old is the furniture? Unless you bought it a couple of months ago, they aren't going to come and get it. It would cost more than what the furniture is worth.
The purchase at City Furniture was made with two forms of credit. Wells Fargo was only one creditor on the purchase, the other being HSBC. I called the person on the Wells Fargo letter and asked which items Wells Fargo has an interest in. They said since they had the majority of the credit, it would be all items. I explained it couldn't be all items since two credit cards were used. They said they have an interest in everything.
How can that be? They can't have an interest in everything since we didn't use them to pay for everything.
Rather than ask them what items they are interested in, ask them to provide proof of a perfected lien they want. If they can't provide that, then they can't repossess.
Furniture was purchased 5-13-08, so over 2 years old, and purchase total (on Wells Fargo) is $5300.00. Was basically dining room tbl, bed, nightstands, etc.
When I spoke with the lady at Wells Fargo today, she said they would file a motion to remove the automatic stay. That just means they can call, right? I mean, after the BK is discharged, will they still be able to come after me since they are a creditor listed in the BK?
Furniture was purchased 5-13-08, so over 2 years old, and purchase total (on Wells Fargo) is $5300.00. Was basically dining room tbl, bed, nightstands, etc.
When I spoke with the lady at Wells Fargo today, she said they would file a motion to remove the automatic stay. That just means they can call, right? I mean, after the BK is discharged, will they still be able to come after me since they are a creditor listed in the BK?
No, they can't come after you for the amount owed. But if they do have a perfected lien (I think that this is what it is called), they can pursue legal action to come and pick it up. And would probably cost more than the furniture is worth.
Please reread helpmeout's suggestion and ask them to provide you with proof of a perfected lien if you are so concerned. My vote still says ignore them and demand the proof only if they call you.
Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC
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