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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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so i filled for bankruptcy and still awaiting discharge. Now

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so i filled for bankruptcy and still awaiting discharge. Now i had a jewelry store as one of my creditors....on that account i had a ring that i purchased for a gift for my i relayed that info to the person that was requesting the ring that being my mom i told him who i gave it to, and he requested her name and a couple a days later my mom call me and says that the other company is trying to set some sort of payment arragement with her plus some fee's for all the late payments. Is she legally responsible to pay for that, also what if she lost the ring?

Hi abe,

Does the jewelry store have a security interest in the ring?

In other words, do you have an agreement that the ring has to be returned if the debt is not paid?

Is there insurance on the ring?

Customer: replied 6 years ago.
not sure...they are saying it is secured debt....i wasnt aware of that

If the money you owe to the jewelry store is secured debt, the jewelry store owner has the right to take back the ring, but not until the Bankruptcy case is closed. He should not be approaching you or your mother while the case is in progress. And your mother is not responsible for paying any money or even returning the ring. This is your responsibility, and cannot be done until the case is closed.

If the jewelry store continues to contact you or your mother, you can report them to the Bankruptcy trustee.

Customer: replied 6 years ago.

well i guess what happened was that MY attorney listed the creditor as an unsecured debt when the creditor is saying that they are a secured what the creditor did was they hired an attorney and filed some sort of paper saying that we needed to attend this meeting where the creditor would questions us on the location of this attorney never handled this problem when it first came up, so they filed the form and the trustee signed it. So i contacted my attorney and they said that we should go to this meeting (my attorney wasnt going) so i contacted the creditors attorney and submitted PROOF that the jewelry was either sold and some of it was a gift to my mother...he approved the sold merchandise but now they are trying to charge my mother-in-law for the gift..

Is there anything else you need to know?

Edited by cfortunato on 10/8/2010 at 3:06 PM EST
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