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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11650
Experience:  JD, MBA
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My bankruptcy was discharged in April 2010. All documents

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My bankruptcy was discharged in April 2010. All documents were prepared by an attorney. Now a furniture company is contacting me about surrender of furniture or payment. I read through my BK documents and it seems that my attorney did not list the furniture company as secured. What are my rights. Do I have to give up my sofa which was purchased almost 5 yrs ago?
Hi. Did you (or your attorney) notify the furniture company about the bankruptcy? When you write that your attorney did not list the furniture company as secured, are you implying that the furniture company was listed as unsecured, or are you implying that the furniture company was not listed at all?

Customer: replied 6 years ago.
Hello - The furniture company was listed as unsecrued on the bk, but they were definitely notified.

Hi again. Thanks for the additional information.

When a debt is discharged in bankruptcy, only the obligation to pay is eliminated. If a lien exists, then that will generally remain. Therefore, you probably no longer owe the furniture company, but if the furniture company had a lien on your sofa, then the lien probably still exists. With the lien, the furniture company can repossess the sofa unless payment is made. Again, you do not legally owe the furniture company, but if you want to keep the sofa, then it can still demand payment. This type of situation is most common with regard to mortgages. Often, a mortgage will be discharged in bankruptcy, but the lien on the house still remains. Therefore, even after a bankruptcy, if the mortgage goes unpaid then the lender can foreclose. The same is likely true here with the sofa.

I suggest you contact your bankruptcy attorney so he can review the details and advise you correctly … but based upon what you stated here, my guess is that you probably must still pay if you want to keep the sofa.

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