atty not listing PMSI's as secured, treating them as unsecured..

[ohwell]

Another thing I forgot to mention.

We have 4 PMSI accounts. the atty is not listing them as secured debt. We were going to reaffirm those, however the atty has a "lets wait for them to tell us they are secured debt".

I assume they are secured from reading about it in this forum. Has anyone's atty done this? If they don't object and we get it discharged, isn't there a glitch that can occur and they can come after us later for the property or something like that?

Should I be challenging our atty more in this matter? Given the fact that this is pretty much all our furniture, it makes me nervous. On the other hand, its 285/mo back in our pocket if we don't have to pay them(they are not being incorporated in our means test).

I feel more confused than ever, in my other post our atty is using our mortgage(secured debt, but we are not reaffirming it) to put in our means for qualifying for 7 due to our income being over the median, however he is not using our PMSI's(which are secured, and we wanted to reaffirm if possible - is that naive by us if we can get it discharged?), for our means test.

I feel pretty clueless now, everything seems so backward from what I have read others do. Or I read into things incorrectly and made assumptions...

I have the NOLO book too, and would have done this totally different if I filed pro se for sure.

I feel like an idiot.

[JollyGG]

Your payments for your furnature are probably secured. However, creditors for this type of thing rarely ever actually come and get the stuff back. Usually there is a lot of talk and bluster but very little action. You're lawyer is trying to get that 285 back in your pocket each month by not listing it as secured. I have yet to see any company reposses furnature or appliances from anyone on this board. The reason being that the resale value of used furnature is so low that it is really not worth their time to collect it and resell it.
As for the house. I understand that there is some case law for including house payments for the means test even if you are surendering the home. The reason being that you are going to have to have somewhere to live once that is done. Others can direct you to the more information on that issue.

[ohwell]

thanks so much for your reply! It makes me feel better that there are case laws for this.

We have been keeping current on the PMSI's, now I should ask our atty if we should quit paying them, that 285 would help out sooo much right now with the new baby and to buy more groceries(DH and I have been only giving ourselves 100/mo for groceries!!! helps with the baby weight, but geesh... ), to have a more realistic budget. I laughed when he put in the figures for the schedules, I was like, wow I wish we were spending that much on food, and what's entertainment??? LOL

[JRScott]

Jolly's right

You'll probably make it through without any problems , that's why we pay lawyers