punkin_eater26 Posted March 3, 2005 Report Share Posted March 3, 2005 I have posted this on 2 diff boards, I am hoping that someone out there can help me here, Thank you! Our BK7 was discharged in Sept 2004. This particular creditor was in the schedule of people to be discharged. The trustee had said noone had contacted him regarding wanting any items back. Now we are receiving letters threatening a home lien because we have not returned property that has a purch mon sec inter. to it and this company is the lien holder to it. Before we even filed we had told our attorney on one of our CC's for an ATV dealer, we had sold the property (to pay much needed bills d/t unemployment) almost a year before we even sought a lawyer for this. During the time after the items were sold, we continued making payments on the items (even though we no longer had them). Now we are dealing with this! Their letter states that liens are not discharged in BK, but noone sad anything to us about this during the BK process. They either want their money or the stuff back or they will place a lien against our home. I don't have the money to pay for the stuff and I don't have the stuff to give back either. I have no clue what to do and I don't know if I can trust my BK lawyer now because their letter states that they contacted our lawyer and he told the law office to contact us to find out what we want to do. The letter also states that our lawyer told this law office that we would reaffirm the debt and we never agreed to that. We didn't reaffirm anything just continued to make payments on our house and vehicle. Yet when we originally contacted the lawyer regarding it, he told us not to worry about it he would get the company off our backs. Please advise me where or what I can start to do. I don't want to ignore it, but I want this resolved. Link to comment Share on other sites More sharing options...
LadynRed Posted March 4, 2005 Report Share Posted March 4, 2005 Have you considered REDEEMING the 'property' even though you no longer have the ATV ?? What that means is you pay them CURRENT MARKET VALUE, NOT what you owed. That should be considerably less than what you defaulted on. Get a couple of quotes on what the thing WOULD be worth if you still had it, then offer that amount to this dipwad creditor. I don't know if they CAN put a lien on your home, that would be forceing payment on a discharged debt and they cannot do that. Whatever you decide to do, do it in writing and ask another lawyer about this lien BS they're threatening. They cannot force you to pay them, they didn't object and the debt was discharged. They cannot make you give back property that you no longer own - unless you want to give them the name and address of the person who bought the ATV.. but that would propbably get ugly. Link to comment Share on other sites More sharing options...
punkin_eater26 Posted March 4, 2005 Author Report Share Posted March 4, 2005 Ok, good thoughts Lady. But what if what they said is true and my lawyer did say that we would reaffirm the debt (even though he NEVER asked us)? Should I contact the BK court and see if they know something on our BK? Don't the people that supp want something back or a security interest in it have to contact the trustee? TY so much Lady, you have been a big help!! I wanted to just sit back and cry before I got your post. Link to comment Share on other sites More sharing options...
DocPC Posted March 4, 2005 Report Share Posted March 4, 2005 Doesn't a replevin apply here? Link to comment Share on other sites More sharing options...
punkin_eater26 Posted March 4, 2005 Author Report Share Posted March 4, 2005 Doesn't a replevin apply here?What is that?? Link to comment Share on other sites More sharing options...
LadynRed Posted March 4, 2005 Report Share Posted March 4, 2005 Yes, you're right, Replevin DOES apply. Sorry, I'm afraid I'm somewhat distracted, my mother passed away yesterday so I'm having to deal with that.Replevin is what the creditor would have to file for, in your local court (not bankrupcy court) in order to take anything from you. It will cost them and they cannot stick you with the costs. This is why I think you need to speak with another lawyer, probably another bankruptcy lawyer if you're not happy with the one you used.What your lawyer "SAID" really doesn't mean anything, he was obviously wrong and he had NO say in the matter anyway. Unless you actually signed one, and it was approved by the BK court, then they haven't a leg to stand on by relying on HEARSAY from your lawyer. Link to comment Share on other sites More sharing options...
punkin_eater26 Posted March 4, 2005 Author Report Share Posted March 4, 2005 Let me start first by saying, My condolensces to you and your family Lady. You will get through this.How often is this replevin used? Is it a normal process? Hubby was thinking we should sit and wait to see what they do. Should we have a lawyer lined up in case they proceed? It will cost them and they cannot stick you with the costs. Also, how can they not stick me with costs? Would that just be their costs or mine too?I just wish when I called to verify before we sold the stuff that the person I spoke to knew what they were talking about. They were asked if this was secured and they said no it's unsecured and revolving, grrrr. That is the only reason we sold the stuff. Otherwise we wouldn't be in this mess. Link to comment Share on other sites More sharing options...
LadynRed Posted March 4, 2005 Report Share Posted March 4, 2005 They cannot stick you with the costs because the debt was discharged and they cannot make you pay to recover their 'secured' property. They dropped the ball, they eat the costs. I would still consult with a lawyer while you sit back and wait to see what they do. Its better to be pro-active in this kind of thing rather than having to scramble re-acting to them. Link to comment Share on other sites More sharing options...
bingo Posted March 4, 2005 Report Share Posted March 4, 2005 So sorry to hear of your loss Ladyinred. I know from some previous posts you and your family have had a long struggle . You've my deepest sympathy. Link to comment Share on other sites More sharing options...
LadynRed Posted March 4, 2005 Report Share Posted March 4, 2005 Thanks Bingo. Its been quite the rollercoaster and now there's just one last rough patch to get through. I leave for NY tomorrow, so I'll be off all the boards for a few days. Link to comment Share on other sites More sharing options...
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