Rental Furniture

[mia]

Hi. we put in a pettion for chapter 13 bankruptcy Friday
we were told by a lawyer that rental furniture could be listed as debt /creditor, so that it could be paid off as secured debt ,and to put the total of what we owed/cash price to pay off the items which we did by calling and getting our total payoff /cash price from them
my question is do you think the rental company will file an objection
and do you think they will file a claim or take the items back
we can't afford to pay them outside of the bankruptcy
we just want to pay them off totally
to make good with our debt and own the items, becaue we need the items we rented (Refrigerator ,stove etc)
thanks

[aa06a47]

Hi. we put in a pettion for chapter 13 bankruptcy Friday
we were told by a lawyer that rental furniture could be listed as debt /creditor, so that it could be paid off as secured debt ,and to put the total of what we owed/cash price to pay off the items which we did by calling and getting our total payoff /cash price from them
my question is do you think the rental company will file an objection
and do you think they will file a claim or take the items back
we can't afford to pay them outside of the bankruptcy
we just want to pay them off totally
to make good with our debt and own the items, becaue we need the items we rented (Refrigerator ,stove etc)
thanks

You might want to get your contract out and see what it says about bankruptcy. I cannot imagine they would object to getting paid in full, I doubt they are use to that! LOL!!! The only problem with what the lawyer said in my opinion is your probably going to end up paying much more for the furnature than it is really worth. But then again, your payment is what it is, it would either go for that or to pay unsecured creditors.

[NASCAR20FAN]

Rental furniture is waste of money. You may as well just start a fire and dump you money in. Honestly, You would be best to let them just come pick the stuff up. The money you spend renting, you couls set on the floor for 3 or 4 months and buy new stuff with cash.

[mia]

Hi,all
I know that rental compianes are a waste of money,but when there are things you need, and don't have the money to buy them then they are a blessing
I looked at my leases and they don't say anything about bankruptcy
and my attorney said as long as they don't state lease only then they can be included in my chapter 13 plan, the agreement only says lease with purchase option, not lease only
but today the rental place called and said that they don't fall under bankruptcy and that I had to give the items back,who do I believe them or the attorney? thanks again all

[HHM]

As long as they get paid, I doubt they will care. Moreover, even if they did care...since they are getting paid through the plan, they would have no grounds to object...and, since the contract is a purchase option, I think your attorney is probably right in having you claim it as a type of secured debt.

However, in the future...try to avoid furniture rental.

What did you really need that could not have been bought second hand, saved-up for, or financed.

[davids]

Rental...

Hi,all
I know that rental compianes are a waste of money,but when there are things you need, and don't have the money to buy them then they are a blessing
I looked at my leases and they don't say anything about bankruptcy
and my attorney said as long as they don't state lease only then they can be included in my chapter 13 plan, the agreement only says lease with purchase option, not lease only
but today the rental place called and said that they don't fall under bankruptcy and that I had to give the items back,who do I believe them or the attorney? thanks again all

I can not even imagine how much a washer/dryer, refig would rent for,
but I do know, for the amount you are paying weekly/monthly rent,
you could have gotten used stuff for much, much less, and just pocket the savings, by no means is a rental store worth it. Look in your local sunday paper for household items forsale. I know a $600 computer you can get at walmart, will cost $200/mo at rental, and you will have paid over $2000 when you are done with them.

[mia111]

I agree rental companies are not worth it, but I had no dryer,refrigerator or stove,with three kids,and no money to get them
I didn't rent lavis things just things my family needed,but they are really not worth it now. I have filed my chapter 13 and the rental company is not being nice, you would think they would be happy to be paid , but they are complaining and keep calling me and comming to my house
and telling me to send everything back, when I already added them into my plan as secured debt,like lawyers said we could,but I don't want any objections at my 341 meeting, and I would rather send it all back and have nothing if I have to keep having harrasement from them.I don't know what to do because our bankruptcy was already filed on the October 18th,and if I change my plan now ( take them out of my plan and send it all back) won't I have to pay more attorney fees for my lawyer to do that. I was just trying to do the right thing and pay them off, and keep the things we needed,but I don't want to cause any problems or objections,dealing with filing chapter 13 is stressful enough, and I will just have to go to the laundry mat,and get a cooler ,and microwave everything.thanks all for listening
God Bless

[JollyGG]

Sounds to me like they are in violation of the automatic stay. Inform them that they are in violation of federal law by harassing you. If you have a lawer sick him on them.

[mia111]

Thanks Jolly GG
they are saying they have a right to contact me because
they are saying that the debt is not a secured debt because they still own it untill it is paid off in full,
but it will be in the plan,over 5 years ,
but they say my monthly plan amount to them does not equal the total to pay it off in five years, and I am not the one who sets the monthly plan amount,my lawyer did that
also that I can put my dyer in the bankruptcy because I had it longer,but not anthing else
I think they just don't want to accept the plan amont because it's not what they would be getting if I paid them outside the plan,
but I still don't know what to do because I don't want any objections,or my plan payment to be raised,thanks again

[lrprn]

Thanks Jolly GG
they are saying they have a right to contact me because
they are saying that the debt is not a secured debt because they still own it untill it is paid off in full,
but it will be in the plan,over 5 years ,
but they say my monthly plan amount to them does not equal the total to pay it off in five years, and I am not the one who sets the monthly plan amount,my lawyer did that
also that I can put my dyer in the bankruptcy because I had it longer,but not anthing else
I think they just don't want to accept the plan amont because it's not what they would be getting if I paid them outside the plan,
but I still don't know what to do because I don't want any objections,or my plan payment to be raised,thanks again

Mia111, does your lawyer know this company is not only contacting you after filing but are harassing you as well?

[JollyGG]

The automatic stay does have an exception for if you don't agree or don't want it to apply to you. They legally need to leave you alone. Have you let your lawyer know about the problem?
Even if they file an objection they won't necessarily win. If they do win, then all that means is they take back their stuff which is what you are proposing anyway. Make them work for it.
At this point the rental company is trying to bully you into doing exactly what you are thinking of doing. They don't want to waste time and money filing an objection.
Let your lawyer know what is going on and have him deal with them.

[mia111]

Jolly GG
thanks you,
you are right , my husband said the same thing, to make them work for it if thet want it, I haven't told my lawyer yet,because this has just happened in the last few days, and he is hard to get a hold of,but I am thinking of faxing him.They want it their way,and so if they want it they will have to fight to get it, and if they do get it good,if not even better.If they contact me anymore I will report them,
thanks again God Bless

[rrockinggramma]

we included rental furniture in our chapter 13. It took a call from my lawyer to them to get them to stop calling. Once that call took place, I never heard from them again and I still have the stuff. Get your lawyer involved. They are in violation of the auto stay

[mia111]

hey,rrockinggramma,that's cute
did they object to your plan when you added them in your chapter 13
because they are saying I did this on purpose/intentally rented things only to only put them into bankruptcy
I don't want any fraud charges.
thanks again

[rrockinggramma]

no they did not object to anything. They ended up being quite happy with the money the trustee paid them. Be aware that you should submit what the rental furniture cost like at a store. The trustee will add about 6 percent interest to this and that is what they will be paid as a secured creditor. They are losing out on the years of interest payments you would have given them over the life of the contract. My lawyer set them straight and I never heard from them again.