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Asked on Jan 30th, 2013 on Bankruptcy - Georgia
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I would just like to know if i can file bankruptcy on a secure loan for a bed set. The people are telling me I can't and they have my bank information and are planning on taking money out of my account. I don't want them to do this as long as I can file bankruptcy on it. They have refused to take the furniture back and they told me that I could not file bankruptcy on it. Is this true and if it's not how can I stop them from taking money out of my bank account?
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Bankruptcy Attorney serving Burbank, CA
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When you say "file bankruptcy on" I assume you instead mean "discharge the debt".  If that's what you mean, the answer is yes, you can discharge debt owed on a loan for a bed set.  However, the lien created by the security interest would remain.   Thus, if you do not make the required payments on the bed set, or reaffirm the debt for some agreed amount, they can repossess the bed set--assuming they have a validly perfected security interest in accordance with the laws of your state.  You would not owe anything further to them if they do that, however. You can stop them from taking money out of your bank account at any time, regardless of whether you file bankruptcy or not, simply by cancelling the authorization you gave them. (I assume that's what you're referring to, and that they do not have a judgment against you already). Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Jan 30th, 2013 at 8:40 PM

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