Leased Computer

[Davidca]

What is the name of your state? California

I leased a computer and declared it under Chapter 7. The trustee discharged the debt. Now the leasing company is calling asking for the computer back. What does the law say...are they out of luck?

 

[Ladynred]

Did your BK papers have the lease listed under unexpired leases or contracts ??
If so, what was listed as your intentions for this unexpired lease, did it say you would assume it ??

Quite simply, if you're leasing the PC, its NOT YOUR property - it belongs to the lessor and they have a right to ask for it back if you stopped paying on it.

 

[Davidca]

1) Yes, it was listed as an unexpired lease in addition to being listed as a creditor BUT there were no intentions listed anywhere in the papers.

2) I dont even own it anymore. I sold it (for cash) to pay rent a few months before declaring Ch 7.

 

[Ladynred]

If you don't have it, then there's not much they can do about it. Just tell them the computer is no longer in your possession - put it in a letter.