Legal Question in Bankruptcy in Florida

Late reposession agreement

My bankruptcy was Discharged July 20. At the beginning of the process a creditor sent me a voluntary repo agreement for my computer. I refused to sign it as it covered 2 computers, one of which had been fully paid for for almost two years. My attorney would not call them to discuss the matter or to negotiate to keep the computer. He said the judge would not ok it.

I called them and told them of the mistake re two computers.They sent a new repo agreement which I could not return to them right away because the attorney was on vacation. It was finally sent July 23 three days after the discharge ; they obviously crossed in the mail.Can they still enforce the repo? They told me they had been willing to deduct approx. $1000 from what I owed and refinance when I first declared, but it was too late now.My attorney won't discuss this now and I want to know if I have any way of keeping the computer.


Asked on 8/05/99, 2:19 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Late reposession agreement

Keep the computer, unless ordered by the bankruptcy court to do otherwise. Do not sign anything. Any action by the creditor outside the Bankruptcy Court will be a violation of your discharge order. If you wish a consultation call me at 305-940-8080.

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Answered on 8/25/99, 10:14 am


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