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    Secured debt

    If a secure debt was charged off, is it still secure? Exp furniture.

    #2
    i'm probably not a HUGE help on this, however, from what i have seen there are certain credit contracts that survive or withstand a bk; i.e. dell computers, best buy and some furniture store contacts.

    i'm certain someone else will chime in with more detail that have gone through that. we have joked a few times about letting the cat and dog sleep and eat and whatever on the sofa and then tell the company to come and get it. i really haven't heard many that really have. most attempt to see if they can still get some money from you.

    best of luck with this!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      Yes, still technically secured, but security interests in household goods, from a practical standpoint, are not treated as secured in that they rarely repo the items.

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        #4
        Guess it all depends, Thanks

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          #5
          If it's charged off, then almost by definition it was unsecured.
          Because the law regarding bank accounting is very strict requiring charge off of unsecured loans after 180 days late.
          I forget where I read this, and I've only seen it once, but I read once that a retailer who finances a purchase in-house has a security interest in the article, but not when a third party finance company (bank) is the creditor.
          I don't know if it's true but it seems to be the common practice.
          I believe there has to be a UCC-1 filing for a loan to be secured by collateral.
          But I think that's mostly relevant to business property.
          filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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