What to do if I was discharged over 1 1/2 years ago but I have a discharged creditor trying to take me to court to ask for repossession of furniture?

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What to do if I was discharged over 1 1/2 years ago but I have a discharged creditor trying to take me to court to ask for repossession of furniture?

Do they have the right to this?

Asked on December 30, 2013 under Bankruptcy Law, Mississippi

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

In all liklihood, at the time that you purchased the furniture, you signed a retail installment sales agreement which granted the lender/seller, a purchase money secuirity agreement and acconpanying lien.  Although your personal liability was extinguished by your discharge, the lien survives and the creditor may seek recovery of the collateral, in this case, your furniture.

Creditors will often take a lump sum payment to release the lien.  You can always give it a shot.  Good luck


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