Best Buy/Sears

[KCFan]

I just filed for Ch7 on 7/7/10. I don't remember in my information packet to my attny if I listed my TV from Best Buy and a couple appliances from Sears as unsecured or secured. I purchased my TV in Jan 09 on 3 yrs/no interest through Best Buy (actually HSBC) and have made payments ever since. I purchased my appliances about same time at Sears through Sears card (no pymts for 1 yr) and have never made a pymt. My questions are:
1. does it matter how they are listed (secured vs unsecured)?
2. will they want their products back if I decide not to keep paying/not reaffirm?
3. what options do I have (state of CO) in regards to these products?

Thanks for your opinions/suggestions!

[jsofaz]

I don't know anything about Best Buy but I can tell you my experience with Sears. I had some appliances from Sears on my Sears card. My attorney told me to list them as unsecured. I got my oven on the no payments, no interest for a year thing too. May have made a couple of payments on it. Not sure. Anyway, I filed Chapter 7 in April and just got discharged July 28. Not a peep from Sears. And I still have my appliances.

[KCFan]

Thanks. If I did list the debts as secured and haven't had my creditors meeting yet, can I change them over to be listed as unsecured? Sounds like most people have listed these accounts that way and have had very little trouble.

[catleg]

Just matters that
(a) creditor got notice of your BK case
(b) how they file proof of claim, if at all.
How you schedule it doesn't affect this (I think).

Let us know when you get the letter from HSBC's lawyer offering to settle on the TV debt. The appropriate response to that letter is no response, and store it in the round filing system that gets collected from the curb by men in orange uniforms.

Sears got slapped good by the BK court in the 90's for these kind of shenanigans, you won't hear a peep out of them.

[sassiebaz]

Filed on two Sears accounts and I haven't had anyone try and collect. They won't. I even filed on Dell and only had our PC and printer/fax for a year. Not a peep.