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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-18-2003, 11:57 AM
marty031649
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chapter 7 surrender


i am in oklahoma and i have filed chapter 7.
my 341 meeting is next week. i got a letter from my attorney regarding my circuit city account. circuit city wants me to reaffirm my debt with them, that was incurred jan 2003. or surrender the merchandise. a digital camera and cordless phone.
the amount they want me to pay is 379.00
i am thinking that i do not want to reaffirm and will surrender the items.
what do you all think is the best thing to do??
thanks
  #2  
Old 09-18-2003, 12:38 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Ask your attorney about avoiding the lien. If the lien impairs your personal property exemption, then it may be possible to get their 'security' stripped away.

You do NOT have to reaffirm and it may not be approved it you tried. There are other options if Circuit City's lien cannot be avoided - you can REDEEM the property - that means you get a WHOLESALE APPRAISAL of the items and you pay CC that amount to keep the items.

If you don't reaffirm, and don't pay, then the debt will probably be discharged with all the rest. CC won't be happy, but to get those items from you after your discharge, they would have to file for Replevin - and that's probably more trouble than their willing to go to.
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  #3  
Old 09-18-2003, 04:44 PM
jross2
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Never surrender any items unless the court orders it. Make them come and get them and you will see that they are not very interested after all.
  #4  
Old 09-18-2003, 05:07 PM
marty031649
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thanks this eases my mind. i like most have no clue what is going to happen.
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