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    #1

    Furniture & Store Financing

    What schedule do I put a piece of furniture that was bought on store financing and not completely paid off yet? (personal property?)

    We don't want to discharge it either - want to pay it off.

    And then to make matters a bit more complicated....it was bought soley on my husband's credit but is considered community property because it was purchased during our marriage. And my husband does not want to file. So it doesn't show up at all on my credit report but I believe I am required to put it down in my paperwork.

    So this means the store financing co. will receive a notice of my petition and then link it up with my husband. I wonder if there will be any repercussions for my husband from this?
    Filed Chapter 7 Pro-Se May 29, 2008
    341 July 1, 2008
    Discharged September 4, 2008
    Closed November 10, 2008 :-)
    Tags: None
    #2
    Depends on whether the store financing calls the furniture a secured debt. If it's secured, then it goes with the other secured debts. If it's non-secured, then it goes with the other unsecured debts.

    Since this is considered a community property debt, even if you list it, your husband will be held responsible for paying the remainder owed.

    If anything related to your bk does accidentally show up on your husband's credit report, all he has to do is dispute it - it will immediately be taken off because he did not file - you did.
    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

    Comment

      #3
      Originally posted by danaf View Post
      ....it was bought soley on my husband's credit but is considered community property because it was purchased during our marriage. And my husband does not want to file. So it doesn't show up at all on my credit report but I believe I am required to put it down in my paperwork.

      So this means the store financing co. will receive a notice of my petition and then link it up with my husband. I wonder if there will be any repercussions for my husband from this?
      Alright, now I'm more confused than ever. I have a thread going right now where I've been asking about this type of situation and the only response I've gotten says I should list my debts only. Is this in black and white anywhere, or is it a gray area?
      04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

      Comment

        #4
        Hmmmm....I think if only you file and it is a community property state then the creditors will just come after your husband for the debts.

        I've always thought that just one spouse filing in a community property state doesn't make sense.

        I'm confused now.
        Chapter 7 Pro Se....Discharged Feb. 2006

        Comment

          #5
          Don't list it. You have no legal obligation to pay for it. It's not your asset-it's his.

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