Legal Question in Bankruptcy in Virginia
My wife and I filed for Chapter 7 bankruptcy and it was discharged in April. On the petition, our lawyer listed our lawn mower on Schedule F - "Creditor's Holding Unsecured Nonpriority Claims". However, today I received a letter from the lawn mower company stating that they would like to setup a time to come by and take the mower. Since the court discharged the petition with the lawn mower listed as unsecured nonpriority claim, do I have to turn it over to them?
1 Answer from Attorneys
Yes, since you do not own the lawn mower merely because your debt owed on the mower was apparently discharged by the trustee in the bankruptcy, and the company undoubtedly has a security interest in the mower whether formally filed or not which makes it the true owner of this machine in the eyes of the law.
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