moving after 7 discharged- collection agncy didnt pick up atv

[seth]

hello, i apologize if this has been posted already. i searched and searched...fail

circumstances:
LOCATION ILLINOIS
BK7 was discharged in Illinois
HSBC originally financed my atv
a collection agency was handling the acct before BK7 Discharged.



it has been 3 months now since my chapter 7 has been discharged. i surrendered EVERYTHING. My lawyer ( what a diligent atty!) has been trying to contact the collection agency who is handling my ATV account. they have never responded. now i have a decent job offer in a different state...i cant bring my ATV with me. Its Dissassembled sitting in my garage. Am i STILL LIABLE for this? I just talked to my lawyer today and he said exaclty " Legally they can pick it up anytime, but if they dont, thats their problem."

i am thinking since there will be a sheriffs sale of the house, they will just keep the ATV with the house. Am i correct to assume this? Please help with answers
as my ulcers( caused by debt ) is acting up again.

Good luck to me and to all of you,

Seth Robertson
Discharged: Sept 18, 2009

[AngelinaCatHub]

It is my suggestion that you take the atv, as it seems to be abandoned by the agency. You have made more than a worthy effort to contact them. Keep it. 'Hub

[justbroke]

I agree with 'Hub. It appears you went above and beyond to return it to them. Your attorney should take the next step. Maybe a time limit to pick up the item or that it will be donated.

[seth]

the plot thickens...

a new twist before my 341 meeting i requested my lawyer to negotiate a deal with my atv's lien holder. i owed 3 grand and i said i'll buy it from them for around 1500. so my lawyer sent the offer not once but twice. never got a response from them. i did checked my credit and it showed -acct closed, zero balance. i called honda finance, they gave me another number to call. i called the number..

hi, this is seth blah blah blah, i need you guys to pick up an ATV, i do not want it anymore, its in this address...sitting in my garage in pieces..its all there.

agency rep: k, give me your name acct number...etc etc

me: blah blah, my bk 7 was discharged sept...

agency rep: 10 second silence then ...let me talk to my supervisor, hang on

*rep came back after 5!!!minutes!!!....

i cant pick up the atv..honda finance retained us to collect payment not recover this and we cant send our recovery dept. since you are discharged with bk7..

me: okay then, can u just give me the title( i had to try : )

agency rep: nope, you should call honda finance.

me: ok thx.


called honda finance immediately:

talked to a mr. parks.

me: yadah yadah...u can pick up my atv...yadah yadah yadah

mr. parks: you have to call this number.......



Thanks, angelina and justbroke.

i will grab a hot thermos of coffee, my tools and will try to assemble this atv and take it with me to cali instead.

[StartingOver08]

Wow....I wonder if the CA that honda finance hired will send you something in writing to the effect: " cant pick up the atv..honda finance retained us to collect payment not recover this and we cant send our recovery dept. since you are discharged with bk7"..

Then you would have a slam dunk violation of the discharge injunction and Honda Finance would have to pay you! (or you could negotiate for the title if you so chose to).

[justbroke]

StartingOver is right. There's a great case with GMAC that went specifically to this type of issue. First, the debtor wanted to surrender the vehicle, but the lender didn't want it back. The debtor then demanded the title. The creditor then insisted that the debtor pay the balance due in order to get the title. The debtor reopened their case to file a Violation of the Permanent Discharge Injunction and naming GMAC as defendant.

See In re Pratt PRATT (PRATT v. General Motors Acceptance Corporation, 462 F.3d 14)

[seth]

wow, thats some good reading there...i noticed when i talked to the rep that she was not a pro. can a recorded phone conversation be used? i do know one thing's for sure, i will just move on (with a toy or without).AND NOT buy anything that i will not use at least 4x month..

P.S. The ATV is 100% assembled.

P.S.S looking back with my conversation with honda finance, the rep was extra careful. he would answer yes and no and i dont know. not chatty at all.

thanks startingover and justbroke