Norfolk, VA asked in Bankruptcy and Small Claims for Virginia

Q: I recently got discharged from a chapter 7 bankruptcy from MS. I converted from a ch 13 that I filled back in 2015.

I bought some furniture in 2014 and I chose to keep it during the ch 13. Now Since I am discharged from the 7 I chose to Surender the furniture. I got a call from the Furniture place asking if I was keeping it or surrendering it. I told them surrendering it. They asked what my address was and I told them my Home of Record Address and they said they didn't want to come get it. I live in Va and recently got a Warrant in Detinue with the wrong address. I am curious what can be done to me since I do not have the furniture in my possession.

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Unless they go back into bankruptcy court seeking relief, you shouldn’t have any worries. Likely the worst thing that happens is you could have to pay the fair market value of the property if you can’t return it.

L. Ilaine  Upton
L. Ilaine Upton
  • Bankruptcy Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: If they win on the Warrant in Detinue, they can have the sheriff come to your abode to pick up the items. Seems like not much will happen since they have an old address and you don't have the stuff anymore, but who knows? When they said they didn't want the stuff, did they put in writing? I'd answer the warrant in detinue with a copy of your duscharge and a copy of the letter, but, I'd show up, just in case. If things go haywire you should talk to a lawyer about them violating the discharge.

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