Saw Bankruptcy attorney today

[DYLAN150]

He said that Sears retain's a security interest in anything I charged from them. He said when I list my exemptions make sure and note that I am still paying for the item and that Sears retains a security interest in the item. I want to continue to pay them but has anyone any knowledge of Sears ever picking up used household items?

[help1234]

Interesting that you attorney would tell you this... We purchased an expensive refrigerator with the 18 months no payments. Ended up filing around the 17 month mark, so NO payments were made at all. No, this was not planned... life took some unexpected turns during that time. We were fully expecting them to ask for it back and were willing to let them pick it up, but not a single peep from Sears and we have been discharged/closed about 6 months.

[jsofaz]

We also had some appliances from Sears. My attorney told me that, although we bought them with our Sears card, this was not a secured purchase. She said it would only be secured if we went there and got the financing specifically for those items. Nothing else. I have seen a lot of conflicting comments about this. But we were discharged last July and never heard a peep from Sears. We still have our appliances. For us, it was an oven and a washer and dryer.

[Toby629]

We had purchased a new furnace through Sears on credit several years ago and this account was included in our BK. Have heard nothing from Sears regarding this secured debt. Our 341 was the first of January, and we got notice of no distribution after our 341. So we don't expect Sears will be coming by to pick up the furnace!

[AngelinaCat]

We had a Sears MasterCard, and if memory serves me right, while we had it, we purchased a washer and dryer and some other things with it--probably a vacuum cleaner. This would have been about 2005, and we filed BK at the end of 2007. While we probably did pay off the washer and dryer during that time, we maxed the card out on other expenditures such as groceries, etc., typical 'robbing Peter to pay Paul' and trying to stay caught up behavior. That card and another MasterCard (the only CCs we had) were included in the BK, and we never heard a peep from either one of them.

Nor did our attorney give any such advice as you received about the cards; only that we were to quit using them, both were maxed out, and to quit paying them once we knew we were filing.

[DYLAN150]

Cat: I appreciate your input. My sears card can only be used at Sears and when I sign for something I purchased there, it says something to the effect that they retain a security interest in the item I beleive. Any how I looked up several cases and Sears won most of them however, I also beleive it depends on how much a person charged and how old the items are. After a few years most household items are not worth much. Most of the things I owe Sears for are things I charged in the last year or two.