Secured Debt - No Longer Have?

[AlmostAmos]

I have question regarding a bit of furniture that we financed on a store account a few years ago. When we purchased it, we were doing fine financially and it was a 2-years no interest, no payments deal. 2 years later, we were broke & filed CH 7.

The furniture was absolute junk. The bed broke and the dresser fell apart. We donated both to Goodwill 18 months ago. We still have a chair/loveseat that was included.

We listed it as an unsecured debt at the direction of our attorney. He said they would probably object to this. So, what happens if I don't have the items any longer? What will the creditor say if they object and what should my response be?

[scorpion35]

I have question regarding a bit of furniture that we financed on a store account a few years ago. When we purchased it, we were doing fine financially and it was a 2-years no interest, no payments deal. 2 years later, we were broke & filed CH 7.

The furniture was absolute junk. The bed broke and the dresser fell apart. We donated both to Goodwill 18 months ago. We still have a chair/loveseat that was included.

We listed it as an unsecured debt at the direction of our attorney. He said they would probably object to this. So, what happens if I don't have the items any longer? What will the creditor say if they object and what should my response be?

the creditor doesn't want your 2 year old furniture

they want cash

[tcreegan]

most will threaten then do nothing

Hi AlmostAmos,

From the posts on this forum, the most common scenario is they will threaten and try to bully you into paying or reaffiming the debt. When you don't, they do nothing. As scorpion35 says, they want your cash, not the furniture.

Tom in Colo

ps: remember it has the value of 2yr old, used furniture, not the price new.

[AlmostAmos]

Update: My attorney received a letter from the creditor asking why we haven't signed a reaffirmation agreement yet (yeah, right) and telling my attorney to have US call them to setup a pickup if we intend to return the items. I'm going to have my attorney write them a letter telling them that they can have the few pieces that we still have.

[dumpinmydebt]

Update: My attorney received a letter from the creditor asking why we haven't signed a reaffirmation agreement yet (yeah, right) and telling my attorney to have US call them to setup a pickup if we intend to return the items. I'm going to have my attorney write them a letter telling them that they can have the few pieces that we still have.

I would bet that's a scare tactic. Yep, have them waste their time and money to come get the pieces. And make sure you snap a photo of the look on their face when they see what's left! Ha!

[AlmostAmos]

Update 2: My attorney told US to call them & tell them we only have 2 pieces left. Well, we did. We told them they are welcome to come pick them up b/c we don't need them anymore as they are in bad shape. They said "how bad?". My wife said "well, my 3yr old has pee'd on them several times." The rep said "ok, we have no interest in those items, I'll note the account. Have a good day." That was it.

[tobee43]

Update: My attorney received a letter from the creditor asking why we haven't signed a reaffirmation agreement yet (yeah, right) and telling my attorney to have US call them to setup a pickup if we intend to return the items. I'm going to have my attorney write them a letter telling them that they can have the few pieces that we still have.

don't waste your money on having your atty write a letter....just have them yes them to death...

these people are really nuts?? i would call them and tell them the stuff is FULL OF BED BUGS...come on over!!!

[tcreegan]

very funny

They said "how bad?". My wife said "well, my 3yr old has pee'd on them several times." The rep said "ok, we have no interest in those items, I'll note the account. Have a good day." That was it.

I laughed so hard I almost peed, thanks for posting this AlmostAmos, this is hilarious....

Tom in Colo

[ccsjoe]

Update 2: My attorney told US to call them & tell them we only have 2 pieces left. Well, we did. We told them they are welcome to come pick them up b/c we don't need them anymore as they are in bad shape. They said "how bad?". My wife said "well, my 3yr old has pee'd on them several times." The rep said "ok, we have no interest in those items, I'll note the account. Have a good day." That was it.

Nice one!!! I wonder what "bad shape" parameter we can come up with for a used fridge and washer/dryer?

[cantbreathe]

This could be interesting. We have 3 year old "fur niture" .....We have 3 dogs and a cat.

[justbroke]

Generally speaking, furniture loses it's "new" (or even used) appeal after any person (child, grownup) or animal (cat, dog) has peed on them. LOL! As stated earlier in the thread by Tom, they really don't want the furniture and, to compound this, the bankruptcy got rid of your financial responsibility to pay them anything. This is why you just tell them to come and get it!

I wonder, though, if telling Dell that your cat peed on your computer will get them to say "nevermind"?

[cantbreathe]

LOL, justbroke!
I had a 3 year old HP laptop, too (BB) . It broke almost to the day after the 1 year warranty. It's in another state with an IT friend of mine. Lawyer said tell them where it's at , if they ask, and tell them they can send for it if they wish. IT friend says, "No problem! If they want it, I'll send it COD , as soon as I find it ". We'll see how it goes. I've heard on this forum that Best Buy can be awful. They did file suit before I could file, turning a $1300 debt into a $3,150 judgment! Which I think will cost me even more to get that off of our credit unless I can do it on my own.

[drowning123]

They said "how bad?". My wife said "well, my 3yr old has pee'd on them several times." The rep said "ok, we have no interest in those items, I'll note the account. Have a good day." That was it.

I laughed so hard I almost peed, thanks for posting this AlmostAmos, this is hilarious....

Tom in Colo

I was laughing at that one too. LOL!

[researchnerd]

We told them they are welcome to come pick them up b/c we don't need them anymore as they are in bad shape. They said "how bad?". My wife said "well, my 3yr old has pee'd on them several times." The rep said "ok, we have no interest in those items, I'll note the account. Have a good day." That was it.

Awesome! I may use that one myself. We have some secured-debt furniture that the lender is trying to get us to reaffirm. With 2 dogs, 3 cats and a teenage boy, I have lots of potential reasons they wouldn't want it back.

[Stilltheone]

We had 90 day old furniture when we filed and they STILL didn't come and get it! Creditors don't want the furniture. They want their MOOLA! Don't pay 'em, tell them to come and get it!