Legal Question in Bankruptcy in Michigan
secured creditors
i filed for and received a chapter 7 bankruptcy. there were no objections...my question is about secured credit cards like Office Max or ABC warehouse....do they have a right to ask for the merchandise back after a discharge ... how does this right to return work... could they file after a discharge or do they have to object during the 60 day objection period... ?
2 Answers from Attorneys
lien remains after bankruptcy
Assuming that the lien of the secured creditor is valid, the lien is not affected by your filing of the bankruptcy - yes they do have the right to demand return of their secured goods - even after the order of discharge has been entered - the order stops them from seeking anything other than the goods - they can not seek a judgment against you - if you want to retain the goods you must negotiate a reaffirmation agreement with them
"Secured" credit cards after discharge
Whether issuers of secured credit cards (credit cards where the issuer takes a security interest in the merchandise sold on the card) have any right to demand return of their merchandise depends on how you scheduled the debts in your bankruptcy petition.
If you scheduled them as secured debts, then you had to file a Debtor's Notice of Intention with respect to the secured debts and you are bound to follow that notice. From the tone of your question, however, I assume that you sceduled the credit card debts as unsecured and that none of the credit card issuers objected or claimed a secured debt.
In that event, the debts are effectively adjudicated unsecured by the bankruptcy court (essentially, you have a default judgment against the "secured" creditors on the issue whether their debts are, in fact, secured) and the creditors have no right to seek enforcement of their liens.
An act of repossession by the sellers would be nothing less than a post-discharge attempt to collect the debt and is punishable by contempt in the bankruptcy court. Talk with the attorney who filed the petition for you.
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