top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Home Depot ?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Home Depot ?

    We are filing Chap 7 (hopefully) in June or there about.

    We had a new front door put on our house about a year ago on the Home Depot card at no payments no interest for a year. We have made no payments on the card. Payments will probably start next month. What happens in cases like this? I feel really bad about the whole thing. I never intended on not paying for the door. I want the door! I would be willing to pay them for the door, but I don't know if it is secured or not. Anyone know about Home Depot?

    Thanks

    #2
    my guess not secured, its part of the real estate they can't repo it.

    Comment


      #3
      Well I really hoped they couldn't come out one day and take it down. Ouch!

      But, I thought maybe it was secured and I would just pay for it.

      Thanks for your thoughts Mortgage Guru.

      Anybody else?

      Comment


        #4
        You can pay for it even if it's unsecured.

        Comment


          #5
          I have a similar situation with two large furniture stores. I got the furniture before this whole mess -WAY before. I fully intended to pay it off with my tax return and then my life went to pot, I left my abusive ex and here I am now with no way to pay off the deferred furniture cc that's coming due soon.

          My atty told me that I could reaffirm the furniture loans and keep the furniture or I could tell them to take it back. I've been reading some old threads and someone said that a lot of the time they won't come and get the stuff even though they threaten to. It's up to you to take the chance to let it go or reaffirm. I am thinking I may call their bluff but I haven't decided yet. I'm not in love with any of the furniture where I'd be heartbroken if they took it so it's not an issue for me just yet.
          11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

          Comment


            #6
            im dont know about the furniture but im pretty sure the home depot would just fall under their normal revolving card unsecured but just with no interest. My home depot card was actually part of the giant citicorp umbrella of financing. They did not come and object or ask for anything back although I probably only owed $400 or so to them at the time of my filing

            Comment


              #7
              I owe just a little over 900 for the screen and door. I thought about sending them some money before I file. I do know not to send more than 600. Thing with that is I am trying to save any extra cash for the lawyer. I might just have to wait and see what happens.

              Comment


                #8
                The chances of Home Depot showing up to take back your front door are about the same as an asteroid hitting your house! Don't send them a dime and don't worry about it.
                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

                Comment


                  #9
                  Originally posted by lrprn View Post
                  The chances of Home Depot showing up to take back your front door are about the same as an asteroid hitting your house! Don't send them a dime and don't worry about it.
                  Irprn has it right here....

                  Creditors cannot "breach the peace" in order to collect secured property. In most jurisdictions, simply walking onto someones property after being told to leave is a "breach of the peace."

                  Your creditor would have to sue you in court, win, obtain a judgement and serve you and then, only then, make arrangements to recover the property.

                  They would have to do this under the cover of law enforcement, usually the sheriff.

                  This process can be costly, especially if you play the game and tie them up in court. Would it be worth it for these creditors to act so? What kind of money recovery could they expect by selling/auctioning off used doors and furniture?

                  Lets not forget, you will probably be in BK before this would ever be an issue anyway. The automatic stay prevents any such action.

                  I don't think anyone is going to come to your home to repo your door nor demand the return of your furniture. If they did, you would have known about such legal action for some time.

                  If they really wanted this stuff, you could always mention that you had to paint the door to match your trim and the furniture is in the garage drying out from that major plumbing flood you had. They can come and get the stuff anytime......

                  Remember, "Warfare is the Way of Deception," says Sun Tzu.

                  I would relax.

                  CPO
                  Last edited by CPO; 04-13-2007, 04:52 AM. Reason: spelling

                  Comment


                    #10
                    We bought a couple of built-in appliances a little over a year before we filed. Made 3-4 payments on the acct and then quit.

                    I worried the store would come back for the appliances. Tough since we'd sold the house. Our attny was unphased. He said if the store asks, we'll tell them where they are. But generally speaking, if it's bolted/screwed/nailed to the house, Creditors don't bother.
                    Filed Ch 7 - 09/06
                    Discharged - 12/2006
                    Officially Declared No Asset - 03/2007
                    Closed - 04/2007

                    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                    Comment


                      #11
                      Liaah,

                      Your Home Depot account is actually a Citibank account. Home Depot already has their money.

                      P

                      Comment

                      bottom Ad Widget

                      Collapse
                      Working...
                      X