Would I have to worry about losing furniture/appliances that I purchased with instore "unsecured" line of credit if I included the debt in a Ch. 7 bk?
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Items purchased with "in-store" unsecured charge accounts.
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I would love to know the answer to this as well. I am thinking it might vary though from store to store/item to item. We purchased furniture last October... buy now pay nothing till October 2008. So we are in limbo as to what is going to happen. They are listed as an unsecured creditor.
Just another thing to have to 'wait and see' about.5/29 Filed 7~ 341-on 6/24
8/27-DISCHARGED
11/2 - CLOSED
EQ-604 EX-605 TU-560 ~4.5 months after discharge
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The chances of losing used furniture back to the original creditor or a collection agency is about the same as a meteor hitting your house today - possible, yes - probable, no.
Most lawyers will advise you to go with the probabilities and not reaffirm these loans, no matter what the creditor threatens. Invite the creditor to come pick up their stuff - they won't. What are they going to do with used furniture that started depreciating the instant it left the store and now has your human and environmental "debris" all over it?
Unless you bought valuable antiques that do have some resale value or a flat-screen big HDTV within the last six months, you're 99% safe.Last edited by lrprn; 06-12-2008, 08:48 AM.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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We purchased furniture in January...and yes, we filed in March.
Here's our experience with the furniture:
The first thing we purchased was a clearanced mattress. For this, we used our store card, financed through GE Money Bank. The total for that was $900.
The second thing we purchased was a dresser, nighstand, and sofa table. This was an actual loan financed through American General. Totaling $1100, originally.
When we filed, our attorney listed both accounts as we wanted to reaffirm. The first, she listed we wanted to reaffirm at $300, the second at $750.
So far, we haven't heard from the first account and highly doubt we ever will. If we do, we aren't going to reaffirm. They are more than welcome to come get their sagging mattress.
For the second account, we actually got a reaffirmation agreement from American General's attorney, totalling almost $1000. We got that about 2 1/2 weeks ago and refuse to sign it. First, it was to reaffirm more than what it's worth. Second, we highly doubt they'll come get their furniture.
I read on a website that to actually go through the process to repossess furniture can cost $1000.
Good luck!Filed Chapter 7: 3-22-08
341 Meeting: 5-15-08 It went great!!!
Last day for objections: 7-14-08
Discharged and Closed: 7-21-08
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Originally posted by lrprn View PostThe chances of losing used furniture back to the original creditor or a collection agency is about the same as a meteor hitting your house today - possible, yes - probable, no.
Most lawyers will advise you to go with the probabilities and not reaffirm these loans, no matter what the creditor threatens. Invite the creditor to come pick up their stuff - they won't. What are they going to do with used furniture that started depreciating the instant it left the store and now has your human and environmental "debris" all over it?
Unless you bought valuable antiques that do have some resale value or a flat-screen big HDTV within the last six months, you're 99% safe.
DBChapter 7 filed 3/31/08
341 5/12/08
Last day for objection 7/11/08
AUTOMATIC ORDER DISCHARGING DEBTOR 7/15/08 :yahoo::yahoo:
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Some small furniture companies will object if purchases were made recently and may ask for the furniture back, but it's not that common. If it's a big company, they might object and make you pay back half of what you owe, if it's recent debt, but again, it is not that common.<<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!
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Originally posted by marcie26 View PostWe just bought a sectional after not having a couch for 10 years. I plan on paying on it til we file - do we need to wait 6 months?
(sorry for hijacking, but I thought it was applicable to the post<<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!
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Originally posted by PaKettle View Post3 months should do it, but the longer you wait the more sure it is they won't be able to object. 6 months would be ideal... It's a risk you have to measure - the most you would probably have to pay is 1/2 but don't quote me on that, I'm not an attorney, I don't even play one on tv.
Thanks - I guess I will find out soon. (by the way, I didn't purchase it with a store card, just a regular credit card - not sure if that makes a difference or not)
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