I had BK7 discharged in April. I got a call today from a lawyer representing Best Buy, stating they needed to set up getting their merchandise back. They mentioned something about a form I signed stating I would do this. (Let me state I called my lawyer and he is out for a couple days, so I will be talking to him, just looking for initial info) Is this normal, and will they be asking for everything I ever charged or just large ticket items or in a certain timeframe or what. I mean I am sure I don't still have EVERY item I ever bought from them, especially like if it was a present or something.
You must have elected to surrender the secured items in your Ch 7. You had the following options: redeem, reaffirmation, and surrender. If you elected to surrender the items, the only items in question are the secured or big ticket items. Wait and see what your lawyer suggest. You may have the option to reaffirm the debt or redeem the secured items at their fair market value.
Ok, I am now in need of more detailed advice, because my lawyer from my BK said that this isn't covered in the BK fees and I have to pay him more to have his help. He did give me some general advice, like make them give me proof of everything, etc. And also, since the debt has been discharged they can't sue me. So if they can't sue me, how can they force me to give the items to them. How does this work? Do I have any options. Do we negotiate, are things set in stone or what?
What items are you talking about? What company are you referring too? When were the items purchased? Were they included in the Bk? If so, under what Schedule? How was the creditor treated in the bk? Were they secured or unsecured? Did they file a proof of claim? Did you file a proof of claim? What if the fair market value of the items?
Ok, I checked and no creditors filed a POC. I called the lawyer and stated that they did not file a POC and so I did not have to return the merchandise. They stated they did not have to file a POC, they did not have to attend the 341 meeting, and if I wanted to push the issue they could reopen the case. REOPEN THE CASE? I don't know much, but I would think this was a clear misstatement. A BK can't be reopened can it? They stated that since I signed the credit card agreement and it is a secured agrreement, that supercedes everything. Even a BK discharge??? Help please!!
They do have a security interest in the property based on the security agreement. You didnt answer one of my crucial questions, how was it treated under the Bk? Was it to surrender, reaffirm, or to redeem? Thats the vital issue. Yes, a Bk can be reopened.
I wasnt asked any questions about individual accounts. Honestly, until now I didnt know there was a difference. At the 341 I surrendered cars, but other than that. I looked at my petition papers and nothing is listed as secured except like cars and house. In my discharge papers nothing is listed, so I mean...other than that, how do I know how it waas treated.
Sounds like Bass and Associates. I've been hanging around 3 bk boards the past few years and this comes up from time to time. They're trying to bluff you into paying. The expense of picking up used consumer stuff, storing it, refurbishing, insurance and disposing of it makes it prohibitive. To actually come get it, they'd have to file a writ of replevin and have you served. Again, expensive. I've only seen one instant where they sued and that's because the petitioners disposed of 2 ATV's prior to filing and still owed $10K. For your nickel and dime stuff, they'll bluff and bluster for awhile and then move on to easier prey.
