Question on Surrender Property

[crackerbear]

My husband and I filed Ch 7 two years ago. It was discharged on March 1, 2003. We surrendered our house and some dining room furniture. We never heard anything from the furniture people until about a month ago. Now they want the furniture back, 2 years later. My question is what if we have sold all or part of the furniture since then? How long can they wait after discharge to ask for it back? Can anyone help me with this one?

[robivi3]

They probably will take a settlement in lieu of cash. I would get with the BK Attorney first though. There was an agreement to surrender. I physically deleivered the items for surrender in my BK, my understanding was that it was to be surrendered (taken to them). With furniture i don't know how it works.

[crackerbear]

Thanks for the reply. I called my Bk atty and they have to get my file out of storage, could take weeks. We didn't take the furniture to them because we were living in a diffferent state than where we bought it. We were waiting for them to contact us and come get it. We just thought after 2 years, they didn't want it.

[Dawn1970]

You have got to be kidding me! Nearly two years after discharge and they're just now getting around to asking for the furniture back?! Personally I would think that some kind of statute of limitations would be up by now! I was supposed to surrender some furniture to Heights Finance and they took my contact info and never have made arrangements to come get the stuff. It so happens, I abandoned the stuff that was to be repo'd in my house that I gave up in the Ch 7. I was just discharged in late November '04. So now if they call wanting the stuff I'll just have to tell them, "Ask my former mortgage company if it's still sitting out there." Damned if I was going to spend my money renting two guys and a truck to get the stuff to them, when they might have even declined it once they saw how old and worn out it was. Surely they have to repo the surrendered stuff from a Ch 7 in a timely fashion. 2 years, that seems a little ridiculous! Please update what your lawyer says about this; I will be very interested to hear.
-Dawn

[tinroofrusted]

I'm curious to hear about this too....

[crackerbear]

To those of you who have answered here or are curious, I am still waiting to hear from my lawyer. Based on past questions, it could take a long time.