Help Badcock wants items back, some I no longer have

[jeff6898]

Have they actually set up an appointment to come get their stuff?
Make sure you make one at YOUR convenience.
What do you suppose full value is on a used mattress? I think it's illegal to even sell them.
You might want to mention something about bedbugs at the next phone call

No they had not made a appointment yet.

[SMinGA2]

That doesn't seem right to me. IF you no longer have the item, then its not a secured debt. No property to be picked up, and the debt was already discharged.

Think about a car loan. Say you owe $10k, get in an accident and its totaled. Insurance says its only worth $6k, so you still owe a $4k balance. That remaining balance is unsecured, you don't have a car to return to the lender, and the debt would be discharged if you filed bankruptcy.

[justbroke]

This is exactly why I objected to all so-called "PMSI" (purchase money security interest) claims that were filed as 'secured" in my Chapter 13. I had all of the claims denied.

As for whether you owe the value of property that you otherwise sold, you'd need to look at your security instrument (loan agreement / cardholder agreement). It may state, somewhere, that if you sell the property, the proceeds belong to the creditor.

For an order or replevin, I believe the actual items must be listed and if you don't have them, then the creditor would need to sue you specifically for any items that you sold. If they were otherwise disposed of, due to wear and tear or loss (theft, fire, damage, etc), then there would be no right to any payment... especially since your liability to "pay" had been discharged in the bankruptcy.

At least, that's my take on it and was my position in case I had any issues with any of my PMSI creditors.

I can't actually believe that they are doing a Replevin on a Mattress and a Microwave oven. I mean, the amount they spent on obtaining the Replevin and the cost to execute the Replevin must be worth more than all those items combined. I'm thinking that they believe the TV is still around. I think they are just fishing and they will realize they just spent $$$$ on a fishing trip to a lake that had no fish.

[hmsmith]

If they filed the writ of replevin I am assumming they are very serious and our planning to pick up the items, or they'll hoping you'll settle. Why can't your lawyer call them and "fish" around to see what they intend to do? Perhaps they'll settle for a couple hundred dollars and then you won't have to worry.

The company I bought my mattress from threatened to pick the mattress up and so far I've heard nothing. My attorney said he doesn't expect to as a used mattress has a resale value of $0.00!

I'm guessing they want the tv, how much was this tv? I'm guessing it must have been expensive for them to really be interested, because the other stuff isn't worth much.

[jeff6898]

QUOTE=hmsmith;575033]If they filed the writ of replevin I am assumming they are very serious and our planning to pick up the items, or they'll hoping you'll settle. Why can't your lawyer call them and "fish" around to see what they intend to do? Perhaps they'll settle for a couple hundred dollars and then you won't have to worry.

The company I bought my mattress from threatened to pick the mattress up and so far I've heard nothing. My attorney said he doesn't expect to as a used mattress has a resale value of $0.00!

[pikaroth]

I have nothing to really add save for saying I wish you the best of luck. I've been reading these forums since I went through BK in late 2010, and I've never heard of something like this. I had no idea of a 'writ of replevin.' Please keep us posted as I would have assumed, clearly wrongly assumed, that once you are discharged, it's a done deal. Seriously, best of luck on this!