Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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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