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    Got letter from lawyer last night...

    Went BK last year,...and among the creditors listed was a Best Buy cc financed through HSBC. I was discharged in late June this year. Last night I get a letter from a lawyer on behalf of HSBC asking for my address and number. So I called them and they want to know when I want to surrender the couple of electronics I bought on the card. I told them I sold that stuff some time ago so I could pay off the trustee. She said fine she will close the case and give it back to HSBC.

    My question is what is going to happen now with HSBC? I had to borrow money from a family member so I could pay off the trustee for my half of a business,....why didnt HSBC go after that money the trustee has of mine now? If they wanted money how come they didnt come to the meeting of the creditors? Can HSBC go after after a bankruptcy they where listed in?

    Thanks

    #2
    If the debt was secured, they can't ask for money-just the merchandise back.
    Was this Bass and Associates?
    Don't worry about it. Nobody wants used electronics.

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      #3
      Originally posted by keepmine View Post
      If the debt was secured, they can't ask for money-just the merchandise back.
      Was this Bass and Associates?
      Don't worry about it. Nobody wants used electronics.
      YES! It was!
      Whew,...thats a relief,....Every time I think this is COMPLETELY behind me, something else pops up.
      Thank you so much for taking the time to answer me.

      Comment


        #4
        Actually, they did ask for the money back,....$1600,..or if I wanted to I could pay them $417 to satisfy the account.

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          #5
          Originally posted by Stevessvt View Post
          Actually, they did ask for the money back,....$1600,..or if I wanted to I could pay them $417 to satisfy the account.
          They shouldn't have done that.
          Once discharged, that automatic stay morphs into a permanent injunction against any collection activity.

          Comment


            #6
            Great,...thank you. So to sum it up, I dont need to worry about this, as HSBC has no further options to get anything else out of me,....correct?

            Again, thank you so much

            Comment


              #7
              Ummmm....they asked for $$ instead??
              I believe that is a violation of the discharge injunction as keepmine indicated.

              If they never contact you again, great. But if they do, I certainly would bring it to the courts attention - Bass and Associates would owe you some money.
              Filed CH 7 9/30/2008
              Discharged Jan 5, 2009! Closed Jan 18, 2009

              I am not an attorney. None of my advice is legal advice in any way..

              Comment


                #8
                Yup,... The lady whom I spoke to said the lien wasn't satisfied with the discharge. To satisfy the lien I would need to pay HSBC the $1600. Or if I couldn't pay that she could reduce it to $417. I'll leave it alone I guess for now. Is she wrong? Wouldn't the bankruptcy cancel out any liens I have with the listed creditors, secured or not?

                Comment


                  #9
                  liens do survive bk, but they do NOT give the lienholder the right to go after you for money. if you had initiated an offer to pay in order to prevent them from taking the electronics, then that might be legal for YOU to do, but any attempts to collect money by the creditor is a big no no. yet they keep doing it because they know you are unlikely to report them.

                  my advice: if they contact you again in any way (btw, why would they send you a letter just asking for your address? they must have had your address already if they sent you the letter and you received it!?!), tell them you'll report them to the court and to the bar. hopefully that will shut them up.
                  filed ch7 May 09
                  341 june 09
                  discharged, closed Aug 09

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                    #10
                    Bass and Associates sent me 2 letters and called twice after I was discharged. I ignored the letters and the calls and I never heard from them again. Don't even talk to them.

                    Comment


                      #11
                      Why they are allowed to operate I will never know...I say change your phone number once you are discharged. Better yet move!
                      Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

                      Comment


                        #12
                        the lien may never have been perfected. in which case, there is no lien (I think.)

                        Comment


                          #13
                          Originally posted by nc73 View Post
                          Why they are allowed to operate I will never know...I say change your phone number once you are discharged. Better yet move!
                          I was discharged back in June. They don't have my cell number and I don't have a home phone any more,.... So the only way they can get a hold of me is through mail. I'm glad it's all good and don't need to worry. Thank you everyone.

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