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Can Farmer's Furniture repossess my furniture?

Union City, GA |
Filed under: Bankruptcy Lien

I just recieved my dishcharge last week, Today Farmer's callled saying they were coming to repossess my furniture that is more than 2 yrs old. My question is can they do this legally? I have a motion to avoid lein that was avoided and they did not contest it. Does this protect me in anyway or do I have to give up the goods?

The motion to avoid lien was specifically for this company and they did not respond so the judge order the lein to be avoided.I also want to add that I bought the furniture from the creditor on a line of credit.

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Attorney answers 6

Posted

If you avoided their lien specifically, then they have no right to take the collateral post-discharge. If they carry through on their threat then you should contact your bankruptcy lawyer. Otherwise, it is likely an empty threat.

Posted

If the lien was avoided, it had to be because the creditor did not finance the purchase of the property. If that is the case, then there is nothing they can do. If they try, it would be a violation of the discharge. Make sure that the creditor was actually served. Few creditors actually carry through anyway.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

Posted

If they did the financing, a motion to avoid lien was improper. However, if a judge granted it, that may not matter. Note that if there is a defect in service (or if you misstated the legal premise), your lien motion order could be set aside.

Hopefully you had a lawyer. Assuming you did your lawyer will write a good letter warning them of the consequences of violating the discharge (and if appropriate the lien order).

If you did not have a lawyer, sit down with one now to review things and be sure you did not screw up before you act.

Farmers very commonly picks up goods, unlike many creditors. Your attorney is likely to be very useful to you in avoiding that.

Posted

If they did the financing, a motion to avoid lien was improper. However, if a judge granted it, that may not matter. Note that if there is a defect in service (or if you misstated the legal premise), your lien motion order could be set aside.

Hopefully you had a lawyer. Assuming you did your lawyer will write a good letter warning them of the consequences of violating the discharge (and if appropriate the lien order).

If you did not have a lawyer, sit down with one now to review things and be sure you did not screw up before you act.

Farmers very commonly picks up goods, unlike many creditors. Your attorney is likely to be very useful to you in avoiding that.

Posted

If they did the financing, a motion to avoid lien was improper. However, if a judge granted it, that may not matter. Note that if there is a defect in service (or if you misstated the legal premise), your lien motion order could be set aside.

Hopefully you had a lawyer. Assuming you did your lawyer will write a good letter warning them of the consequences of violating the discharge (and if appropriate the lien order).

If you did not have a lawyer, sit down with one now to review things and be sure you did not screw up before you act.

Farmers very commonly picks up goods, unlike many creditors. Your attorney is likely to be very useful to you in avoiding that.

Posted

Farmers almost always has a purchase money security interest. As a consequence, a motion to avoid lien does not alter their right to repossess. You should speak with your bankruptcy attorney ASAP.

No attorney client relationship exists unless we have a written contract. Nothing in this post should be interpreted as legal advice.

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