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Has anyone ever actually had furniture/electronics repossessed?

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  • Has anyone ever actually had furniture/electronics repossessed?

    My 341 meeting is in less than two weeks and I was wondering if anyone could comment ob this. I included 2300 from best buy and 5000 (originally. 12500 3 years old) from raymour and flanigan in my no asset ch7 case. I have read some of the old threads on the issue but no one ever follows up with the outcome..

    Anyone had their stuff repo'd? If they come and you refuse access, don't they have tocome with a marshal? Thanks for any input.

  • #2
    We are a year post discharge C7. Had "purchase secured" cards with Sears, Best Buy and American General. So far, not a peep from any of them.


    • #3
      The creditors are just bluffing. Household items--especially furniture and electronics--depreciate so fast that the creditor would probably lose money on the reposession--i.e. the items wouldn't sell for enough at auction to cover the costs of reposession and storage! Therefore, reposessing these kind of items would not result in the creditor recovering any money toward the debt. Besides, who's to say you even have the stuff anymore, if you catch my drift?


      • #4
        I have never heard a peep from anyone from my Chapter 7 No-Asset case. I have read, here on the Forums, that BestBuy and a few others like to intimidate the debtor, but you just call their bluff. Just tell them that it will be on front lawn... come and get it.

        Yes, they would actually need an Order of Replevin to come and repossess with the Sheriff. It is generally not worth the effort.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          I have a laptop from Circuit City (via Chase). They didn't come for it.
          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!


          • #6
            Thanks for the replies. This is essentially what my lawyer told me. Guess I needed reassurance from others who went through the same! Thanks again.


            • #7
              I just got a letter from Best Buy forwarded to me by my lawyer. I had my 341 a couple weeks ago. My lawyer said not to reaffirm (no [email protected]&) but if I want to keep the stuff I should call them and negotiate??? Huh??? I owe the about $1100 but not even positive what its for. I'm most concerned about my living room set. Bought for $6k and paid about $3500 back. I haven't heard from them yet and I'm not sure what to do when I do.


              • #8
                Just tell them to come and get it. Trust me, they don't want your 3 year old computer or even 2 year old plasma TV. The cost just to recover it, is more than the value of the property in most cases! I wouldn't call them at all. If they call you, just tell them to come and get it. Don't volunteer to be "available" or to bring it to any charity. Make them work for it. Trust me... if you sit around all day waiting for them to come and get it, all you would have done is sat around all day waiting for them to come and get it!

                Best Buy is one of the only ones that seems to try to squeeze money out of people. If you really want to call them, then offer them $100 and no more. Tell them that's your last, best and final offer... otherwise they can come and get it.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                I am not an attorney. Any advice provided is not legal advice.


                • #9
                  I am wondering about this too. Just got an email from my attorney in regards to furniture purchased at ray our & flannigan and financed through wells Fargo. My attorney said they have taken an aggressive stand. The furniture is more than 3 years old and we owe about $1800 still on it. I am not going to reaffirm, and am very interested to see how this all turns out.


                  • #10
                    Just to update I asked my attorney about this. He stated to me wells fargo already called, and his paralegals informed then that I no longer possess the furniture. He said they typically never hear from them again. I also learned that in ny they have to get a n order of replevin and have s Marshall serve the order unless you volunteer access. Im not worried about it anymore.

                    Good luck.


                    • #11
                      If they call about the computer or furniture...tell them...

                      "Sure, come and get it but I've been using it as a coster for my beer can collection...oh and the plasma 3 year old took a sharpie to it...and the furniture, well before I declawed my cat, he took quite a liking to it, then there was the 'spaghetti-o incident' and my 5 year old is just getting over a monster stomach flu...ive been trying to remove the stains for days...."

                      They don't want the stuff anyway...might as well get a laugh or two out of it...
                      Chapter 7 Filed: 04/21/2011, 341 Meeting: 05/31/2011, Report of No Distrubution: 06/02/2011, Discharged: 08/03/2011, Closed: 08/10/11


                      • #12
                        I think they only do this with celebrities or other super rich people with obvious assets (furs, rugs, rolex collections, cars, tons of jewelry). The assets of most people are not worth it to creditors.
                        10/27/11 - Filed Ch13 ------ 2/27/12 - Conversion to Non-Consumer Ch7 ----6/11/12 - Discharged!


                        • #13
                          In all my travels on the internet, I've still yet to hear of anyone being taken to court to surrender their stuff. I don't care if it's an LED TV or even a diamond engagement ring (in my case, the latter). Your stuff is worthless to them. Their business is money. They do not employ people to pick up your crap and sell it on eBay and they sure as heck wouldn't make money sending lawyers to court to make you give it back. The only thing you have of any value to them is a debit/credit card and the desire to use it to get them off your back. Don't think of the person on the other end of the line as a debt collector. Think of him/her as a salesperson who's trying to sell you peace of mind -- peace of mind that s/he will stop calling you about this worthless "PMSI" claim. It's gonna cost you, though.

                          If you ignore them, they go away. If you pay them, they might go away a little sooner. If that has value to you then by all means, call and negotiate a settlement. It's a pretty bad investment if you ask me, though.
                          Last edited by nceguyfromne; 11-07-2011, 03:00 PM.
                          4/2010 - Filed Chapter 7 no asset case w/car reaffirm
                          5/2010 - 341 meeting, no creditors present
                          10/2010 - Reaffirm finally approved and case discharged the same day


                          • #14
                            What about in a 13? Our deadline date is 11/9 and we got a letter Friday that best buy is claiming $2k secured by household goods ( washer, dryer, laptop purchased in 2008). We listed them as unsecured when we filed in July . Waiting to talk to attt


                            • #15
                              Originally posted by mdl View Post
                              What about in a 13? Our deadline date is 11/9 and we got a letter Friday that best buy is claiming $2k secured by household goods ( washer, dryer, laptop purchased in 2008). We listed them as unsecured when we filed in July . Waiting to talk to attt
                              The atty can object to them being secured and likely will just go to your unsecured "pile." Absolute WORST that can happen is that you wind up repaying the $2K 100% as a secured loan...but I doubt it...


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