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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default Repossession After Filing Bankruptcy

    My question involves bankruptcy in the state of: Illinois


    I recently filed Chapter 7 bankruptcy (4/2012) and have already had the meeting of the creditors (6/1/2012) The bankruptcy has not yet been discharged.

    Included in the bankruptcy was a furniture store loan.

    This past week, the furniture loan company called my job asking to speak to me. When I answered, the man stated they knew about the meeting of creditors meeting and did I receive the reaffirmation letter in the mail. I stated no and that I do not plan on signing any reaffirmation letter. He asked "well do you want us to come get the furniture?" That is when I hung up.

    After looking at my online profile with that company, I noticed my work number is the only number listed on my account. It is however reflected as a "work" number and the "home" and "cell" number area is blank.

    I realize they have a right to repo the furniture because there is still a lien attached to the stuff. But, aren't they supposed to wait until after the bankruptcy is discharged? Also, was the company even allowed to call me regarding ANYTHING because of the automatic stay?

    Thanks in advance for all your answers....

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Repossession After Filing Bankruptcy

    As a general rule, as long as the creditor does not engage in coercive or harassing tactics, even while an automatic stay is in effect a creditor may engage in post-petition negotiations relating to a reaffirmation agreement. You can discuss case law for your district and local court practices with your bankruptcy lawyer.

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