So what happens if the Client no longer has the furni=
Posted: Sun Jul 25, 2010 9:00 pm
Does the same lien theory apply if the client drives his vehicle deep intoMexico, where the engine blows up. Rather than pay the $1000 deductible for his
Mexican insurance to repair it, or transport it back to California, client would
prefer to surrender the vehicle and have Ford retrieve it. Does the lien follow
the property and client gets to walk away???
Stephen Stern
________________________________
To: cdcbaa@yahoogroups.com
Sent: Sun, July 25, 2010 11:46:24 AM
Subject: [cdcbaa] Re: So what happens if the Client no longer has the furniture
they bought at Dearden's in a chapter 7
The lien remains attached and the right to repossess remains even if you threw
the stuff in the ocean. Even if you burned it up, the lien would attach to the
ashes. Your "intention" is to not keep it. They can go get it where ever it
is. As for non-dischargeability? They could go after the debtor for (a)(6) but
the creditor must show the debtor intended to harm the creditor's stuff - read
Geiger. Dennis is right, I tell them to stick it. Obviously if there is some
formal request for info, you must comply. You cannot list a debt as secured
unless you show an asset on Sched B I'm pretty sure. So put the debt on F and
note that you don't have the stuff anymore and they are welcome to go get it.
Hot as hell in Phoenix. I'm afraid to go outside. Jon
>
> Just tell the store they gave the garbage away. Haven't seen a contract that
>says consumers have to maintain possession of this kind of junk. Creditor is
>unsecured and no reaff. If they insist on the address of party to whom the junk
>wass given, supply the address. For 2k, not likely the junk dealer will sue the
>transferee.
>
> D
>
> Sent from my iPhone
>
> On Jul 22, 2010, at 6:07 PM, R Grace Rodriguez wrote:
>
> Dear Members:
>
> Client had loan with Dearden's purchasing a bedroom set with mattress & Box
>Spring. Notably the Mattress and Box Spring has no resale value because those
>item's can't be resold by retainer. However, with respect to the the four other
>pieces of furniture, those items were taken by a relative who was foreclosed on
>and had to move to a new place. She lost everything when tenants robbed her.
>So feeling sorry for the family member, they gave her the furniture because it
>was cheap and falling apart. So now when they filed chapter 7 bankruptcy,>Dearden's is asking to reaffirm or give back property. I don't recommend>reaffirm obviously, and they don't have it to give back. I realize that they
>could pay fair market for the furniture. But Dearden's is asking for $1,700 on
>a debt that was $2,100.00. Clients don't want to pay. Now what?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (323) 304-5496
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for
>ex parte Applications via voicemail or by email. You must comply with California
>Law and give notice to a person in my office during regular business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and confidential
>information and is intended only for the individual named. If you are not the
>intended recipient you should not disseminate, distribute, store, print, copy or
>deliver this message. Please notify the sender immediately by e-mail if you have
>received this e-mail by mistake and delete this e-mail from your system.
>
Does the same lien theory apply if the client drives his vehicle deep into Mexico, where the engine blows up. Rather than pay the $1000 deductible for his Mexican insurance to repair it, or transport it back to California, client would prefer to surrender the vehicle and have Ford retrieve it. Does the lien follow the property and client gets to walk away???Stephen SternFrom: jonhayes6666 <Jhayes@polarisnet.net>To: cdcbaa@yahoogroups.comSent: Sun, July 25, 2010 11:46:24 AMSubject: [cdcbaa] Re: So what happens if the Client no longer has the furniture they bought at Dearden's in a chapter 7
The lien remains attached and the right to repossess remains even if you threw the stuff in the ocean. Even if you burned it up, the lien would attach to the ashes. Your "intention" is to not keep it. They can go get it where ever it is. As for non-dischargeability? They could go after the debtor for (a)(6) but the creditor must show the debtor intended to harm the creditor's stuff - read Geiger. Dennis is right, I tell them to stick it. Obviously if there is some formal request for info, you must comply. You cannot list a debt as secured unless you show an asset on Sched B I'm pretty sure. So put the debt on F and note that you don't have the stuff anymore and they are welcome to go get it. Hot as hell in Phoenix. I'm afraid to go outside. Jon
et"_blank" href"mailto%3A%25e%25">cdcbaa@yahoogroups.com, Dennis <easky1@...> wrote:
>
> Just tell the store they gave the garbage away. Haven't seen a contract that says consumers have to maintain possession of this kind of junk. Creditor is unsecured and no reaff. If they insist on the address of party to whom the junk wass given, supply the address. For 2k, not likely the junk dealer will sue the transferee.
>
> D
>
> Sent from my iPhone
>
> On Jul 22, 2010, at 6:07 PM, R Grace Rodriguez <rgracelaw@...> wrote:
>
> Dear Members:
>
> Client had loan with Dearden's purchasing a bedroom set with mattress & Box Spring. Notably the Mattress and Box Spring has no resale value because those item's can't be resold by retainer. However, with respect to the the four other pieces of furniture, those items were taken by a relative who was foreclosed on and had to move to a new place. She lost everything when tenants robbed her. So feeling sorry for the family member, they gave her the furniture because it was cheap and falling apart. So now when they filed chapter 7 bankruptcy, Dearden's is asking to reaffirm or give back property. I don't recommend reaffirm obviously, and they don't have it to give back. I realize that they could pay fair market for the furniture. But Dearden's is asking for $1,700 on a debt that was $2,100.00. Clients don't want to pay. Now what?
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (323) 304-5496
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
>
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