Should I pay for computer after discharge

[Summerbreeze]

Best Buy's attorney contacted my attorney about a week before my discharge, and said that if I want to keep my computer I would have to pay them $700, I told my attorney that I would not pay them that, it is an Acer computer that I bought on sale last October for $599 plus warranty. Today I received a letter from them asking for a contact number and a name to make arrangements for them to pick it up. Should I try to make them an offer if so how much? Do you think they will come and pick it up? My attorney said tell them I will pay $200, what would happen if I don't respond, can they put it back on my credit?
It's my son's computer and I know he will be so disappointed, he don't know that I filed.

Thanks in advance for your replys.

[BK2008]

If you can't get it for $200...
I'd give it back to them. Computers are cheap and a dime a dozen.
Check craiglist and see all of the ones for sale there.

Don't know that they would put it back on your cc. Is your BB CC still open now? A lot of creditors shut them down as soon as the find out you BK.

[BKdinOhio]

Tell 'em to come get it, but to notify you 72 hours in advance of pick up. That's IF they actually come and get it. Based on other post's here in the past they've never actually picked anything up.

**The 72 hours is enough leeway to get your important stuff backed up, and then zero out the Hard Drive(s).(Zero them, not format them, look for hard drive wiping software freeware on the net.**

BTW you do realize that it's HSBC that would be coming for it, not Best Buy, they got their money when you got the credit & paid for it with credit.

HSBC issues credit for a lot of the "store" cards.

[TEW]

Don't reply they don't know what you have. they are asking you for that did they get relief from stay they should have done this during the BK not after.

zero 256 times don't format all your stuff is still there

[Summerbreeze]

They did send a letter to my attorney a week before my discharge which was 10/6/08, but I said I was going to pay them $700, then today I got a letter from them. Yes I do know it is HSBC, I paid $599 a year ago for the computer I'm sure they won't sell it, I think they just want to see if I'm willing to pay for it.

[StartingOver08]

Wait! I'm I missing something here. The OP filed BK. The bankruptcy is discharged, so the debt is discharged. AFTER the discharge HSBC/Best Buy says they want their money?

Was something signed saying you are going to pay HSBC/Best Buy (like a reaffiramtion)?

If not, do as the other posters have said: Call their bluff. Tell them to come get it. Have them provide notice like BKdinOhio suggests and wipe the harddrive clean.

This has got to be a violation if they come after the discharge. I wonder what the judge would think? Damages/Sanctions maybe

[jktrading]

Personally, I would ignore them completely and see what they will do. They can't get any money out of you unless you just hand over the cash because the debt was discharged.

Technically, they are probably due the property back if you still have it. However, what's to say it didn't break and you disposed of it?

IF they get legally medieval on your ass, just tell them to come pick it up. They probably won't.

1. IGNORE
2. Say it broke and you disposed of it.
3. Say come and get it.

[woeisme]

This debt was NOT discharged in BK because #1 it was a secured debt and #2, the OP said they reaffirmed the debt. Sorry, but it sounds like they have every right to take the computer back. You can buy a newer one for what you owe, or get a used one for much cheaper, so I definitely wouldn't pay the $700 though.

[gophermn]

Interesting story ~ I would just go ahead and give it to them (THAT IS) your attny says so and you reaffiremed the debt. What the **** are they going to do with it anyway. I hope to think they would donate it to a school, but who knows.
You can buy one that is most likely faster, better and cheaper so I wouldn't think twice about it.
But as BKdinOhio said, clean that hard drive up and give it back the way you got it.

[TEW]

I'm looking for where it says OP reaffirmed said junk PC if you want to keep it offer them 25 bucks I bet they take the 25 keep in mine yard sale pricing

[mgmadara]

We got a few letters and calls from Bass and Associates (representing Best Buy) asking for their stuff back after discharge in 2006. We ignored them all and they went away.

[RedLight]

I agree with the majority of posts above. Just completely ignore them. If they really want to hassle you, just tell them you gave it away as a gift. Technically, you did...to your son.

[BKOnce]

Sledge a hammer first BEFORE give it back.

[jktrading]

This debt was NOT discharged in BK because #1 it was a secured debt and #2, the OP said they reaffirmed the debt. Sorry, but it sounds like they have every right to take the computer back. You can buy a newer one for what you owe, or get a used one for much cheaper, so I definitely wouldn't pay the $700 though.

The property may be "secured" but I don't believe the cash money is. Wouldn't HSBC have had to contest the BK within the 60 days of filing like everyone else to get cash?

I would think HSBC must lose some claim by not objecting within the objection period. Yes, I agree, they technically do have the right to take the computer back. It doesn't sound to me like a reaffirmation if no documents were signed.

It would cost way more money for HSBC to go to court over this than what the computer is worth. I don't know the specs other than it was $599 a year ago. I'm guessing at a yard sale, it could get $100 at most. And probably more around $50-$75. That's hardly worth a filing fee, let alone an attorney.

[woeisme]

I'm looking for where it says OP reaffirmed said junk PC if you want to keep it offer them 25 bucks I bet they take the 25 keep in mine yard sale pricing

Summerbreeze said in message # 5 "They did send a letter to my attorney a week before my discharge which was 10/6/08, but I said I was going to pay them $700" which I took to mean that he signed a reaffirmation since it was done through his lawyer. I may be wrong on that though. I do think that because they objected within the timeframe before discharge, that they have a case that the PC wasn't discharged.