Secured items still in my possession!?

[Mark80]

I got a letter a few weeks ago in regards to some secured property I had to surrender since I did not reaffirm it. My attorney sent me a copy of the letter and told me to take care of the pick up or whatever. So I have called this place 3 times now and the person who handles my account has to always return my call. Needless to say they have never called me back and I am not sure on what to do.

There was a date they requested I contact them which has since passed. And I still hold the fridge and microwave in my possession. What am I suppose to do now?

I am just thinking somehow they can sue me or something for not getting it back by a certain date?

Thanks

[StartingOver08]

Wow Mark80 - that has been a while! It was a large fridge they were supposed to pick up if I remember correctly.

Sounds like the fridge has just dropped off their radar for the moment.
You made the calls. You have been diligent. I would just make sure to log whatever communication you have had with them and let them make the next contact. Keep the fridge until they do. JMO.

[Mark80]

LOL ya its the same large fridge I posted about awhile back! Its in my garage along with the microwave, I don't need either of them as the rental I moved into has both. I wish they would just call me freaking back and come get it already so its out of the way!

My main concern at this point is they are up to something.... I wasn't sure what kind of legal power secured creditors have in this situation.

Thanks

[StartingOver08]

I don't think they have power - you surrendered the items in your petition. You contacted them to pick up the items. They have ignored your calls. What can they do? Maybe hhm or justbroke knows the answer to this one!

[keepmine]

As we've said so many times-noody wants 2nd hand applicances. They likely wanted you to offer them some cash to keep it. You very likely are now the owner of a large fridge and microwave.

[magyar123]

Just like with car repo's. They'll get the car whenever they feel like. Could be days, weeks or even months. Until they actually do just keep on using the item(s).
Just after they call you asking you if you'll be home for them to pick up the fridge and the micro, kill a rat and a mouse, put the dead mouse in the micro and the dead rat into the fridge.

[justbroke]

I am just thinking somehow they can sue me or something for not getting it back by a certain date?

I believe that you've done what you need to do to comply. Now, just wait for them to contact you.

They can't just come to your house and get it without an order. Remember, you're surrendering it.

[Mark80]

Ok I won't worry about it then, thanks for all the responses. Now I just need to find a rat...

[Mark80]

Just an update for fun, I still have yet to get a hold of anyone regarding the two appliances! How long do you guys think I have to wait around before selling, or using them for alternative means. (fridge to be converted to second kegerator)


Thanks

[gdave44]

You may want to look up local laws concerning abandoned property. I'm planning to do so on the stuff the ex insisted on in the divorce but has refused to pick up.

[justbroke]

Just an update for fun, I still have yet to get a hold of anyone regarding the two appliances! How long do you guys think I have to wait around before selling, or using them for alternative means. (fridge to be converted to second kegerator)

(Is your case closed???) Once or if your case is closed, the "lien" is handled by underlying State non-bankruptcy law.

I would say that the recovery of the items is not cost effective and the lender has chosen to essentially abandon the items.

There is nothing that says that the creditor must reposess the secure item, even after the lender filed for a motion for relief from the automatic stay. This seems counterintuitive to me, but they are probably trying to get you to redeem it.

In any event, there is caselaw on this topic, but is mostly around motor vehicles. People have kept their cars after a Chapter 7 and "surrendered" them, but the lender never came and got them! It messes with the title, for sure!

Here's some GREAT caselaw...

In re Groth, 269 B.R. 766, 767-68 (Bankr. S.D. Ohio 2001) (“[A] debtor in a chapter 7 case, as part of his fresh economic start, should be permitted to surrender [worthless] collateral he does not intend to keep. If the secured creditor determines that its collateral is worth less than the cost of taking it into its possession, the creditor must waive the effect of its lien so that the debtor is able to dispose of the collateral.”).

[BigJohn]

If it has been a long time ago they were suppose to pick up the items, I would say they have already picked them up.

[AngelinaCat]

Just an update for fun, I still have yet to get a hold of anyone regarding the two appliances! How long do you guys think I have to wait around before selling, or using them for alternative means. (fridge to be converted to second kegerator)


Thanks

You probably do want to use the refrigerator--at least keep it plugged in and on setting #1. Otherwise, it could deteriorate from non-use. Then it won't be any good to anyone except as scrap.