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letter to agree to surrender leased equipment

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    letter to agree to surrender leased equipment

    Hello,

    I filed chapter 13 bankruptcy in NH 2 years ago and am in my 3rd year of payments for my 3 year obligation. I had an old lease which was rejected in the bankruptcy and they are now finally getting around to having me surrender the equipment. They are asking for a letter from me stating I agree to surrender the equipment but I am nervous writing this myself in case I word it incorrectly. I want this all behind me and do not want them coming back because of a mis worded letter. Is there a standard sample letter format I can use? at this point I really do not trust this lease company. This sounds very simple but I just want to be careful.

    thank you
    John

    #2
    I think they are probably just nervous of violating the bankruptcy stay and are wanting you to provide them cover. At this point they don't want to risk any legal liability over the equipment that may or may not be worth much. It sounds to me like they might be incompetent rather than evil, but both are dangerous.

    If it is a lease it belongs to them, you don't have to agree to turn it over, you rejected the lease, if they want it they have to get it. Maybe ask your lawyer if you have one.

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      #3
      Tell them you will send the page of the bankruptcy petition that shows you are rejecting the lease, just in case they lost it or don't have it :-) That should suffice.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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        #4
        Originally posted by newbie2 View Post
        Tell them you will send the page of the bankruptcy petition that shows you are rejecting the lease, just in case they lost it or don't have it :-) That should suffice.
        Send them that, and write, "If you wish to recover your property it is available for retrieval at <address where located>." As my attorney said, you don't have to be their repo man.
        Filed CH13 - 06/2009
        Confirmed - 01/2010

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