discharged and now a letter

[fancy_92]

from Best Buy lawyers stating that they are aware my case has been discharged. That they are secured by a purchase money security interest in consumer goods. If I intend to voluntarily surrender the collateral to please provide requested information. I've called my lawyer, but they want me to fax this letter and I just got it last night, so I haven't had a chance yet. I thought once I was discharged I was in the clear, is that not true? Is discharge and closing two different things?
Also one other question. I reaffirmed my car with Ford credit and my payments aren't on my credit report, will they put them back on there? I thought when I reaffirmed they would start reporting them again. Thank you for your help!

[CATCHMEIFYOUCAN]

Quoted from "SinkingFast" from a Post: Capital One Credit Offer:
We just got a letter in the mail from an auto loan lender about this. The letter talked about how under the New Law, even tho you continue making your payments on time, your current auto lender is under no obligation to report your payments to the Credit Bureaus.

Discharge and Closing are 2 different things. Closing is just an administrative detail though. But I would just stick with your lawyer and see what he has to say about that letter!

Best of Luck, CMIYC

[possumfat]

I got that same letter today.

[CPO]

Okay, I'll bite.....

Are you actually discharged? Have you received a document or noted on PACER that specifically states the date of your discharge?

Did you include this specific BestBuy account in your schedules?

Did BestBuy representatives show at your creditor's meeting, and did they ask you any questions...like what are your intentions on our secured loan and collateral?

What does your Statement of Intention say about BestBuy? Are they just looking at picking up the property? Have you served the Statement of Intention to BestBuy? You have 30 days after your creditors meeting to perform under your Statement of Intention, otherwise the automatic stay is no longer in effect for those creditors and collateral involved.

Did BestBuy object to your petition in the first place because they claim a security interest in the products you bought but you listed them as an unsecured creditor?

And, then, did you reaffirm this loan and not pay them?

If BestBuy successfully objected to your petition and claims a purchase-money-security interest in this property, then you have the option of paying for the property, reaffirming the loan or surrendering the property.

If your actually are already discharged, then I believe the property is now considered abandoned.

Why did they send a letter to you and not your lawyer?

The reason that I ask these questions is that if you are discharged with a BK7, you included this BestBuy account on your schedules, if BestBuy did not object to the petition because they are secured creditors and want either the property returned, or a reaffirmation agreement, the Trustee has either found property and distributed it all and what is left is exempt or you were a no asset case, then BestBuy is out of luck.

And, if your not discharged, then they may have violated the automatic stay...

Sorry, not enough info in your post.

I could go on with more questions, but it would take all night.

We need more info...

Regards,

CPO

[SinkingFast]

Quoted from "SinkingFast" from a Post: Capital One Credit Offer:
We just got a letter in the mail from an auto loan lender about this. The letter talked about how under the New Law, even tho you continue making your payments on time, your current auto lender is under no obligation to report your payments to the Credit Bureaus.

Discharge and Closing are 2 different things. Closing is just an administrative detail though. But I would just stick with your lawyer and see what he has to say about that letter!

Best of Luck, CMIYC

CMIYC,...........

That comment is in reference to people who CONTINUE paying their Mortgage, their Auto Loan, whatever, and the Creditor does not report timely payments to the Credit Bureaus post BK.

Even tho you're paying your car payment every month, the Lender has reported the acct IIB and does not show your monthly payments as being made as agreed. Same for many people with their mortgages. Timely payments, acct listed IIB, no monthly payments post BK showing.

That comment does not apply in this situation.

If your actually are already discharged,..............

Why did they send a letter to you and not your lawyer?

Regards,

CPO

One reason Fancy got the letter could be that Best Buy "thinks" the Attny/Client relationship has ended now that the BK is discharged. HA!!

Most likely, Best Buy hopes to scare Fancy into paying money. If not the full amount of the Secured property, then at the very least, some sort of Settlement amount.

If this were Bass and Associates, or another 3rd party collector, I'd suggest you get them to tell what property they're looking for. Make them name item names and dollar amounts. Most likely, a 3rd party collector would not have that info. Chances are, Best Buys does have the info about what you bought, when, and how much the retail prices were.

In this case, Fancy, you'd best wait and see what your attny has to say.

My guess is Best Buys doesn't really have a leg to stand on. They had their 60 Days to Object and they did not.

We bought a couple of kitchen appliances on a Store Gold MasterCard from the issuing store about a year before we filed. We told our attny about it. He included the total debt on that card as Unsecured. He said if the store asked for the appliances later, we'd tell them where they are.

[down @ out]

Bass Ass and associates

Hello Fancy,

I suspect you are dealing with the low life`s called Bass Ass.

I had the same experience with Best Buy. Just ignore the letter and lay low. That is unless you bought some really expensive items and then they may pursue you.

The debt is discharged but because of the way their credit is extended they maintain a security interest in the items. So instead of trying to work out something in the bankruptcy that can be re-affirmed by the court, they hide like dogs till after the bankruptcy and then spring on you hoping you will panic and send them money to go away.

I owed Best buy about 2k for a computer etc., they sent two letters about a year ago and then nothing. Costs them a lot to go after you and they won`t do it unless money is to be had.

Good luck