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DMcGov

Question about leased/financed items

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I'm hoping some of you might have some experience or insight into my situation. I am considering filing Chapter 7, but there are a couple of accounts I am concerned about.


 


One was a laptop I leased from a company and the other was a couch financed through Progressive Finance. When my finances went "downhill" so to speak, I sold both of the items. I realize that this was unethical at best, and could be considered theft by conversion at worst.  I am not proud of this and will gladly accept your disdain...just trying to paint an accurate picture.


 


I haven't made a payment on either account since early 2014.  The computer leasing company has sent it to collections, and Progressive Finance continues their own collection efforts, mainly in the form of phone calls.


 


If I'm not mistaken, these would normally be handled as secured debts, and I'd have the option to return the items, etc. Obviously, I can't do that without possession of the items.


 


My concern is that if I include these in bankruptcy, it will force their hand and they might press criminal charges against me.


 


Am I being paranoid?  If they were going to take that step, would they have already done so?


 


Thanks in advance for your answers.


 

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The account for the furniture is not an issue.  While you did finance an item, the sofa is not collateral for the credit.  

 

The leased computer is potentially a big problem.  Lease implies renting an item and that it will be returned at the end of the lease.  Selling something you did not have clear title to could present criminal issues.  It is not possible to predict what they will do but BK does not erase the criminal act.  

 

I suggest you contact a criminal attorney and find out exactly what kind of risk/exposure you have regarding that computer.

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