my friend has rented some furniture from a Rent A Center and has paid for 4 months, after 4 months he filed BK and included the furniture, now that BK has been discharged the Rent A Center is requesting for the furniture back. What are the consequenses of not returning the furniture? could he get arrested or prosecuted for that?My friend has rented some furniture from a Rent a Center and has paid for 4 months, after 4 months he filed BK and included the furniture, now that BK has been discharged the Rent a Center is requesting for the furniture back. What are the consequences of not returning the furniture? Could he get arrested or prosecuted for that?
Yes, unless the debt to Rent a Center was discharged in the bankruptcy, although it would more likely to be handled as a civil matter.
You will need to have your friend speak with his bankruptcy attorney to see if the debt was discharged. If not, then criminal charges may be a possibility if he fails to permit repossession of the furniture.
Your friend needs to contact his bankruptcy attorney to find out if the Rent A Center debt was discharged. If it was not, then Rent A Center can go after your friend to get the furniture back.
Hosep J. Yepremian is licensed to practice law in the State of California. The above post is intended for informational purposes only and it does not create an attorney-client relationship unless a written retainer agreement is signed by both parties. See an attorney licensed in your jurisdiction for competent legal advice.
If he was just renting the furniture, he never received ownership. The furniture belongs to the Rent A Center, and if your friend keeps it, he is essentially stealing it, which could be prosecuted criminally.
He can certainly be charged with theft if he is unlawful possession of the furniture and it can be proven he had the intent to deprive the true owner. Consult with his bankruptcy attorney and then a locally experienced criminal defense attorney.
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