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I am going to file chapter 7 and have items in pawn

Submitted by mycandykiss on Wed, 08/05/2009 - 14:58
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Does anyone know what happens to my items in the pawn shop if I file bankruptcy? The redemption period is not over. Can I just go and get them without paying? They are personal items that would be considered exempt property.


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.


Submitted by DebtCruncher on Thu, 08/06/2009 - 17:02

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