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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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I HAD SEARS PUT KITCHEN CABINETS IN MY MOBILE HOME. I AM

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I HAD SEARS PUT KITCHEN CABINETS IN MY MOBILE HOME.

I AM ABOUT TO FILE FOR BANKRUPTCY AND JUST ASKED IF IT IS CONSIDERED SECURED.....FOLLOWING IS THE ANSWER I RECEIVED BACK....
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Not in the same sense as a car Loan is a secured debt. They can't come and repo your cabinets and would be limited to suing you for Breach of Contract if you didn't pay for them.

CAN I FILE BANKRUPTCY ON THIS LOAN OR WILL THEY BE ABLE TO DO THE BREACH OF CONTRACT AND BANKRUPTCY NOT PROTECT ME?

BizAttorney :

Good evening! I can help you out with your legal question tonight. In order to better assist you, I need to ask you a few quick questions. When did they finish putting in your cabinets? What date?

BizAttorney :

The reason I ask is that they could make an argument of fraud, saying you knew you were going to file bankruptcy and basically just took their product knowing you would file bankruptcy immediately thereafter.

Customer:

Hummm - let me go and ask my husband.

BizAttorney :

If I were them, I would sue for breach of contract and fraud and do it in the bankruptcy court if it was within the past 90 days.

BizAttorney :

Please let me know what he says and then I can add more.

Customer:

March of 2012

Customer:

I am about to lose my job and had to take a big cut in pay until it does go out of business.

BizAttorney :

I see, then you are fine to declare bankruptcy and the cabinets would be considered a fixture.

BizAttorney :

That is far enough out that they can do nothing about it.

Customer:

What does "a fixture" mean?

BizAttorney :

They would be able to file for a suit, unless you file bankruptcy and list them as creditors.

BizAttorney :

A fixture is something that becomes part of the property. So a sink, cabinets, anything that is difficult to take apart and remove from the trailer.

Customer:

Does that mean that since it was a year ago we are protected by bankruptcy?

BizAttorney :

Yes, bankruptcy will protect you.

BizAttorney :

They won't be able to sue you if you file bankruptcy before suit.

Customer:

Thanks.

BizAttorney :

If you file after they sue you, then the bankruptcy will discharge their debt and prevent them from continuing suit against you.

BizAttorney :

You are very welcome! Have a good night and please leave me feedback before you go.

BizAttorney :

Take care!

Customer:

When would they start to sue. Someone told me I had to be 3 MONTHS behind on my bills before I could file for Bankruptcy.

BizAttorney :

They have 6 years to bring a suit, so make sure you put their debt into your bankruptcy petition so it will go away forever.

BizAttorney :

No, you don't have to be behind in your bills at all to file bankruptcy.

BizAttorney :

You can do it at any time.

Customer:

OK - Thanks so very much !!!!

BizAttorney :

You are very welcome!

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