How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BizAttorney Your Own Question

BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
13790199
Type Your Legal Question Here...
BizAttorney is online now
A new question is answered every 9 seconds

I HAD SEARS PUT KITCHEN CABINETS IN MY MOBILE HOME. I AM

Resolved Question:

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....
.
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?
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

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!

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
BizAttorney
BizAttorney
Lawyer
2273 Satisfied Customers
Over 12 years of business and legal experience.