How likely is American General to ask for my furniture?

[AngelinaCat]

Our American General--who were real pains to try to work with. More about that elsewhere in this forum--tried to sneak reaffirmation papers to us at our 341 by sending them directly to our trustee, not our attorney. The trustee simply handed them to us and suggested we consult our attorney. These papers had already been filled out; all they lacked were our signatures. We had no intention of reaffirming that loan, and didn't. In fact, their various schemes in the course of dealing with our loan, made them our very most favorite creditor to BK against.

[Dizzy]

Nobody from AGF showed up at the 341 so I guess they didn't want it after all.

[Faust]

Nobody from AGF showed up at the 341 so I guess they didn't want it after all.

Good now go lay on it have a good rest!

[123ABC]

My BK7 was discharged in Nov 09. Just today I got a letter from American General Finance about my mattress! It says that they want me to call them to arrange surrender. They were not at my 341. They sent a reaffirmation but I did not sign it. I only owed about $800 and the reaffirmation was for the whole amount of the original purchase which was $2200!!! Anybody have any experience with this from them?

[Dizzy]

I've been offering to give them back their furniture for a year since I quit making the payments and they said they didn't want the furniture, that they wanted their money. I thought since they didn't show up yesterday I was in the clear. However, my lawyer has since told me that they have years to come ask for it even tho' they didn't show up at the 341 yesterday. I think that sucks. I'd check with your lawyer but please let me know what you find out!

[123ABC]

I will call my lawyer but I have every intention of ignoring them. If they really want it they are more than welcome to go get a court order and have a sheriff come get it because that is the only way I am giving it to them... and that will be after I let my dogs use it as a potty spot! Im sure if I called them they would be just trying to get some money out of me. Financially they are in a really bad spot. Before I filed they actually had the nerve to send a collection person to my door to try to collect the debt!! My answer to him was sorry i am out of work and you cant get blood from a rock!

[MSbklawyer]

I've been offering to give them back their furniture for a year since I quit making the payments and they said they didn't want the furniture, that they wanted their money. I thought since they didn't show up yesterday I was in the clear. However, my lawyer has since told me that they have years to come ask for it even tho' they didn't show up at the 341 yesterday. I think that sucks. I'd check with your lawyer but please let me know what you find out!

Yes, that's one of the things that even some lawyers lose sight of: Bankruptcy doesn't cancel debt. It merely enjoins creditors from seeking payment of debt from the debtor in his personal capacity. Creditors can still seek payment by other means such as co-debtors or property pledged as collateral for the debt.

But check your statute of limitations in replevin. Once that runs, you're in the clear. But practically speaking, if they were coming to get the furniture, they would have done it by now.

[Dizzy]

Well, poo. I just got a reaffirmation agreement in the mail from my lawyer for American General for the furniture. What if I just don't sign it???

[TEW]

Well, poo. I just got a reaffirmation agreement in the mail from my lawyer for American General for the furniture. What if I just don't sign it???

Just don't sign

[Dizzy]

Then what happens next?

[keepmine]

Then what happens next?

Very likely nothing.

[btbeme]

Don't sign.

And tell them that you often pee the bed. It's a medical condition.

[music12]

don't sign it. if they ever decide they want to come and take your furniture, you can buy new (or used) furniture with the same money you'd otherwise be paying if you reaffirm your old furniture...

[Blueboy]

Don't sign.

And tell them that you often pee the bed. It's a medical condition.

And if they eventually do come to repo, run in the bedroom and pee on it and then give it to them!

[BCA2009]

No one can repo something that is inside your home without a court order. Unlike a car, you are unlikey to park your mattress or dining room table in the driveway or your work parking lot.

If they they want your furniture bad enough, make them go back to court and force you to give it to them.

Just don't let anybody in your house!