Elmhurst, IL asked in Bankruptcy for Illinois

Q: Filed chapter 7 received a letter from furniture company store that says I have to pay for the furniture or return it

I saw my Trustee today and none of my creditors were there, also in the letter it under Uniform Commercial Code Section 9-103 I need to know can they continue to collect the debt or do i send them a letter stating that i filed chapter 7 and stop sending me letters?

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2 Lawyer Answers
Mazyar M. Hedayat
Mazyar M. Hedayat
Answered
  • Bankruptcy Lawyer
  • Romeoville, IL
  • Licensed in Illinois

A: If your Chapter 7 case was filed properly and all creditors identified, the furniture store should already have received a notice to cease and desist from all activities related to collection based on the Bankruptcy Code's "Automatic Stay." The store may still be able to take action if it is a purchase-money lender secured by your furniture (i.e. if you used a store credit card); but to do so, it would still have to follow the law and you should consult with an Attorney about how to protect yourself. I hope this information was helpful. Best of luck.

1 user found this answer helpful

Ray Choudhry
Ray Choudhry
Answered
  • Bankruptcy Lawyer
  • Moline, IL
  • Licensed in Illinois

A: If this is a secured debt, when you filed you had to tell them whether you were going to reaffirm the debt, surrender the collateral or redeem the collateral.

They are not trying to collect the debt.

They are asking you what are you going to do.

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