I am going to file chapter 7 and have items in pawn
Date: Wed, 08/05/2009 - 14:58
Nope. Your items basically secure the loan so no pay, no items.
Nope. Your items basically secure the loan so no pay, no items. If you want the items, you must pay for them.
I don't know if that is totally true. You can have secured loan
I don't know if that is totally true. You can have secured loans and under bankruptcy there are different rules.
Under bankruptcy you must continue to pay to keep the property.
Under bankruptcy you must continue to pay to keep the property. You cant file bankruptcy on a house or car and then keep those without paying. You property secured the loan.
They may be exempt in the bk filing, but that does not mean that
They may be exempt in the bk filing, but that does not mean that the lender just has to hand them back to you. The exemptions are what the trustee does not take.
The exemptions only apply in cases where the trustee is actually
The exemptions only apply in cases where the trustee is actually going to liquidate the estate and sell assets for the benefit of the creditors.
Pawn shops usually fall under special sets of rules, because they are in physical possession of the goods before they even give you the money. (ie it's not treated the same as a repossession).
Whether the court will issue a cram-down order and make them give the goods back, I don't know. If so, the pawn shop could file an objection on the grounds that returning the goods makes them an injured party to the extent that they are no longer secured.
I doubt you'll get the goods back, but I'm not an attorney. In the least, if the court makes them return the goods, your 13 plan will have to pay 100% back to the pawn shop.
Aside, pawn loans are usually short-term. Keep in mind, you can't go bankrupt on debts that you incurred within 90 days of your bankruptcy filing. If you do file within 90 days, they will be able to motion for relief of stay to sell those items.