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Confusion on secured and unsecured debts
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Confusion on secured and unsecured debts
I am in the process of filing Chapter 7 and there is some confusion about whether HSBC (Best Buy) accts are considered secured or unsecured. Unfortunately for me, my attorney doesn't seem to have an answer so I'm looking for anyone that has gone done this road. Any info will greatly be appreciated.Tags: None
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#1StartingOver08 commented09-26-2009, 04:04 AMEditing a commentBest Buy accounts are secured by a Purchase Money Secured Interest (PMSI). It is a 'lien' that attaches to the property at the time of purchase thru your Best Buy credit card. Having said that, your attorney may want to bluff the creditor and list the debt in the unsecured part of the petition and wait for Best Buy to prove their security interest. Part of BK is very technical and part of BK is bluff. If/when Best Buy sends a letter to repo your stuff, you can 1) ignore the letter until they do something about it - like send out someone to pick up your stuff or 2) you can 'reaffirm' the debt (not the best idea) or 3) give the stuff back voluntarily. In the end, stuff is stuff and not worth reaffirming or dragging debt thru to the other side, in my opinion.
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