Legal Question in Bankruptcy in Pennsylvania

can they take my carpet?

we are thinking of filing for bankruptcy. we have 2 bills that i am concerned with. one is for wall to wall carpet and the other is for hard wood floors. both were installed. if we include these in the bk, can the creditors demand the floor coverings back?


Asked on 8/15/06, 1:16 pm

2 Answers from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: can they take my carpet? Answer: not likely

Although certain creditors may be considered secured, and this debt may be one of them, it is extremely likely they would take the only action available to them, recovery of the items.

Indeed, other Sears who used to attempt such action merely as a coercion tool to squeeze clients for money, I have never seen any creditor take such action.

I trust this helps, but feel free to call or E-mail me on a free initial basis.

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Answered on 8/16/06, 3:44 pm
Brad Sadek Sadek and Cooper Law Offices, LLC

Re: can they take my carpet?

In bankruptcy the debts would be considered secured by the goods, the floors and carpet however would be a costly removal and such cost would be the responsibility of the creditor and therefore, the creditor would mostly likely forgive the debt instead of bearing the expense of removal.

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Answered on 8/15/06, 1:29 pm


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