I purchased bedroom set a year and half ago with Macy's charge card that I am including in BK7 soon. Since I was in deep financial hole, I sold some stuff and other electronics to meet ends (rent, food, etc...). How would this affect "Secured" stuff like this? If they don't believe I don't have them, do they come to my home to take a look? I don't care if they do since it's not there! Just wondering how it is? Thanks!
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Sold off Secured household long before BK
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There is really no way of telling what they would do. You just file and list them as either secured or unsecured. It would be up to Macy's, or the bank that underwrites their credit card, to get some sort of Writ of Replevin to recover any of the secured property. Many of these companies send a letter asking for the property and you can just respond that it no longer exists. You are under no obligation to do their work for them. If you don't have it, you don't have it. If they don't believe you, they can pay the expense of obtaining a Writ of Replevin and then having a Marshall come out and look for the property.
While there are some companies that make a LOT of noise about these things -- Best Buy comes to mind -- they are mostly all bark and no bite.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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