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Rent to Own Leases After Ch 7

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    Rent to Own Leases After Ch 7

    Good Morning! I filed a CH 7 and was granted my discharge! It doesn't feel real... but I am looking forward to rebuilding.

    In regards to that... I had two Lease/Rent to Own with Progressive Leasing. One was for a living room chair and the other was for a guitar amp. I listed all of these obviously but I don't see anything on the paperwork saying anything was rejected or assumed. Both of these items were gifts, so I really don't want to return them. Do I need to reach out to Progressive Leasing now that I have a discharge and ask them to resume payments? The total for both if I paid today is around $500. Does anyone have any experience with them? I assume they will contact me before trying to repossess? (As I assume they can repossess since they stopped the payments in June and it is now discharged). Just wondering if I should be proactive and call them to pay both? Or wait for them to reach out....

    Thank you!

    #2
    I don't know what to say. Part of me wants to tell you, "Don't poke a sleeping bear!" The other part wants me to tell you that it may be okay to find out what Progressive Leasing wants to do.

    Did you list PL on your statement of intentions (reject/reaffirm) and on your Schedule G for leases? Did you even list PL in your schedules as secured property?
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Haha... that's how I am feeling too. They were not listed in the Schedule G. My lawyer knew they were leases, but told me to just continue to pay them if I wanted to keep it. I then told her well I can't pay them and pay you to file... so she said address it after filing. PL stopped auto debiting my account for the payments each month. When I go into the account it says past due but nothing else. No auto payments scheduled of course. They weren't listed as secured property because in my area those items not considered to be. They were listed as a creditor, and as "other" unsecured creditor in my list of creditors on the petition with the amounts owed, etc.

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        #4
        If they are unsecured, then the debt was discharged and they have no collection rights. That would be odd, but unsecured debt is summarily discharged. They aren't allowed to bill you or try to collect from you. If they are a secured creditor, then they can ask for a return of the merchandise or for you to buy out the remainder.

        You may just have to poke that bear.
        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

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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