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    Question on purchase of collateral

    Hi All,

    I recently filed Ch 7 and my debt was discharged. One piece of equipment I opted to surrender back to the bank. After the discharge, the people holding the title on that piece of equipment sent me a notice asking for the location to pick up the item. I called the firm that was handling the transaction and asked them if they would release the lien and title for a certain amount (about $.32 on the dollar). They agreed since it would cost them less to do that than sending someone out to pick it up and then try to resell. I requested a letter from them stating what our agreed plan would be. They sent me the letter and it looks like it covers all the bases. However, I'm worried that if I send them the money they could just turn around and say thanks for paying off some of your loan but we still want our equipment (i.e. "We won't send you the title until you pay us in full"). Could they do that or is a transaction like this something that happens all the time? Has anybody dealt with anything like this? Thanks for your help.

    #2
    Anybody out there with any advice or knowledge??? Please!

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      #3
      I'd have a lawyer look at the letter.

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        #4
        I am not sure about how these types of payoffs go but I would make sure you have every detail in writing. The amount, the release of the Lein, the date and have them sign it and return to you before you send in the funds. That way you have something for back up if they try and take it back anyways.
        Filed: 08/09/06
        341: 09/18/06
        Discharged: 11/22/06
        Closed 11/30/06

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          #5
          Originally posted by keepmine
          I'd have a lawyer look at the letter.
          I'm with keepmine - this is definitely lawyer territory.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

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