My husband and I filed BK 13 late last month, and he lost his job April 1st, so it is being converted to a Chapter 7. One of the items we were reaffirming was our central heating and cooling system that we have had for 18 months or so, never paid late. We phoned them today explaining that my DH is unemployed due to layoffs and was there any way to bump a payment or 2 back to the end of the loan and maybe just pay the interest, but the manager said they have no programs for people who lose their job. I'm not sure that this manager realizes that we've filed BK and it will be a 7. My hubby was a little upset and said we may just have to wait and see if we worry about paying them right up front when he gets another job. Does anyone have any experience with a company actually repoing a central unit? Thanks.
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They can NOT repo a fixture to the house! Once you BK this a/c unit it is yours. BTW, I am assuming this is a central HVAC that is attached the standard way (wired in, etc.).
What you may have to look for is a lien. The a/c company may have put a lien on the property with the installation of the unit. That is an easy thing to find. The lien can be avoided - especially if the a/c company did not pull a permit or did not file a NOC. Check with your attorney.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way.. -
We already checked on it at the atty's request when we filed the 13. No lein was found at that time. I'm assuming they can do it during the 60 day period between the 341 and discharge?Comment
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No, they can not put a lien on your property while you are in the automatic stay.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..Comment
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