He "saw" them by feeling them. He then shook the tree until the plums fell, at which time he miraculously caught them and left. He didn't pick them, yet he didn't leave them...
I don't think they can if it is paid for. I'm not sure about the laws in cal., but I filed chapter 13 and managed to keep my car (still making payments) and my house.
P.S. I live in NH