Discharged Bankruptcy and Secured Debt

[deniceinca]

I live in Northern Calfiornia. I filed for Ch. 7 bankruptcy in Oct. 2000. My bankruptcy was discharged in Jan 2001. Are all my debts that were on the schedules discharged? The reason I am askins is because Levitz Furniture was one of the people I owed money to. I listed them as a debt and assumed the debt was discharged. Approximately 6 months ago, an attorney for Levitz contacted me and said that they could take my furniture if I didn't start paying on my account. I sent them $20 and then decided that I wasn't going to pay them since my debts were discharged. Can they take my furniture now? What can I do to get this attorney off my back?

Thanks

 

[Ladynred]

You say this was a secured debt ? Did you reaffirm it ?

Do you have a copy of the matrix that was filed with your bankruptcy papers, and a copy of your discharge ? If Levitz was included in the matrix, then the debt should have been discharged. If it wasn't, then your lawyer screwed up. Have you contacted your attorney about this ? If a creditor that was included in the discharge is bugging you to pay on it, then they're in violation of the law. Check your papers, if the debt WAS discharged, then you need to tell this lawyer for Levitz that it was discharged in your bankruptcy, give him the case number, date of discharge, etc.. If he's wrong and he knows it, he should stop bothering you.

 

[deniceinca]

Thank you so much for replying. I filed my Chapter 7 without a lawyer. I prepared all the paperwork myself. I looked on my creditor matrix and Levitz is listed. I have also listed them on Schedule B personal property. I also have a copy of my discharge. Thanks for your advice. I am going to send the attorney a letter today and ask him to stop harassing me.

 

[srhng]

Question for the group,

If a creditor like levits, Best Buy, sears, etc. Gets listed on the matrix. Doesnt show up for the creditor meeting. Assumed by you and your lawyer as being an unsecured creditor.

You get no notification that they want their stuff back. If they asked, you would have gladly given it back. But you dont offer without them asking. You go on with your life and get discharged.

Can they come back say years later and ask for the furniture or worthless computer equipment back? What do I do at that point. Say "come and get it" or tell them to sue for it? Am I then responsible to come up with the stuff.

What if I dont want the stuff anymore. I dont really want to cart along years old furniture and worthless computer equipment for the rest of my life, just because a creditor may want the stuff someday.


What are the rules if any.

 

[Rwsj]

Along the same lines, in California.
My friends divorce lawyer put a 10k lien on her community property in 1999 for current and future attorneys fees.
My friend filed chapter 7 in Nov 2000 owing her attorney some $16,000 , included the attorney in her BK and got another atty.
What about the lien? it's still there holding up divorce settlement.

 

[gottago]

If the furniture was truly secured, the creditor could come back after the bankruptcy and ask that it be returned.

Usually, the creditor is just trying to bluff you into paying money. They don't want the furniture... what the heck are they going to do with a 4 year old couch? They figure that you'll pay them something in order to keep your stuff.

Personally, I would either tell them to come and get it, or I would tell them that you no longer have the stuff. Most likely, they'll just forget about it.

If you do pay them, they will keep you on the hook for a huge amount of money. At this point, that money would be much better spent on buying some other furniture. In other words, after adding in all the interest they'll charge you, you'll end up paying several times what the furniture's worth, so you're better off just giving it back and buying some new or used stuff that you can afford to pay cash for.

Or, if you take the "I don't have it anymore" route, they probably won't do anything. They usually just drop the whole matter if you tell them that you got rid of the furniture last time you moved.

 

[nailtech]

gottago, question...

if it was discharged, and he sent in money to them (20.00) does that not reactivate the account? kinda like an automatic reaffirmation.??? just courious...

 

[srhng]

How do you find out if the furniture is truly secured.

Can you ask the creditor to prove it? Or do you have to prove it was not secured.

With these HRS (household) accounts. It isn't real clear if the stuff is secured.

What about sears. I bought a gas grill and a lawnmower. That could be returned.But I owed alot more. Used to buy clothes and blank tapes and disks there. I also have a broken weed wacker and a few video games for my kid, Curtains that are still in a house I dont live in anymore.

Are they gonna want me to return my blank VHS tapes? What about my kids clothes from a few years ago?

Once I tell them they can have the stuff back. Can I ask them to come and get it or do I have to bring it in somewhere? Will I have to go to the house I used to live in and ask the folks that live there now for the curtains we left? They were nice but expensive curtains.

Has anyone had this kind of stuff happen? How much money should I set aside to make these guys happy if they ever show up in my life. I dont ever want to be in debt to anyone again.