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Lien on collateral after discharge.

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sabrzz

Junior Member
What is the name of your state? Arizona

I filed for personal Chapter 7 in July of 2003. My Bankruptcy was discharged in October of 2003.
I just received a letter from a law firm representing the creditor that I purchased furniture from. This client was included in my Chapter 7 discharge.

The letter is in regards to their "clients" lien on the collateral. The letter asks if I intend to voluntarily surrender this collateral.
Is this letter valid?
Is there something I can file to get them off of my back?

What are my rights?
 


Ladynred

Senior Member
Geez, 2 years after the discharge is damn late to that party !

If the debt was discharged 2 years ago and they made no claims during your bankruptcy, then the debt was discharged. The ONLY way they can get that property from you now is to file a Replevin action in your local court --- and that will probably cost them more money than the used furniture is worth.

If all they've done is send you letters, I would ignore them. Its extremely doubtful they'll do a damn thing except harrass you for a while in the hopes you'll offer them money to go away. They can NOT ASK for money, that would be against the law. IF they go to any lengths beyond that, you can offer them current market value to redeem the furniture.. and CMV for USED furniture isn't going to be much. They don't want the furniture, they can't resell it.
 

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