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    Secured Debt (Best Buy, etc)

    We were discharged earlier this week. We had
    $2600 on Best Buy
    $3000 on Lane Furniture (GE Money)
    $4000 on Home Depot

    All of these debts were discharged via the chapter 7 and nobody objected.

    My questions is, are these technically "secured debts?" Our attorney received a reaffirmation agreement from Best Buy, but refused to let us sign it, which we didn't want to do anyway.

    Am I going to start getting demands for money or the goods? What should I do?

    I have seen this discussed, but not in depth. What do I tell them? Can I just say that I am broke and sold the goods, so there is nothing for them to recover?

    Thanks!
    Filed CH 7 10/14/09
    341 11/18/09 DONE!
    Discharged 1/19/10!

    #2
    The itmes you purchased ARE secured and the finance company has a legal right to repossess the items. If you're contacted, don't lie about anything. It won't do you any good. If the creditor wants whatever it is, let them have it or offer to settle. You do know that you're allowed to voluntarily repay any debt discharged in BK......in case you really wanted to keep something you bought with in-store credit. On the other hand, chances are they won't even bother to recover the items. Used items are of no value to them and it's costly for them to have items recovered. And obviously, you didn't purchase the items just before your BK or else you would have had an objection or two. And do not sell the items either. If you wish to sell them, talk with your attorney and ask when you would be in the clear to do so.

    For now, just sit on this and see what transpires.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      Thanks! I have a feeling that now we are discharged, we will be getting some demands. We don't have the money to settle right now, so we'll just have to tell them that. Best Buy is two 2-year-old TVs; Home Depot is a water softening system; Lane is living room furniture. I doubt they want any of it back! LOL. Appreciate the quick response!
      Filed CH 7 10/14/09
      341 11/18/09 DONE!
      Discharged 1/19/10!

      Comment


        #4
        Originally posted by momtoroxy View Post
        Thanks! I have a feeling that now we are discharged, we will be getting some demands. We don't have the money to settle right now, so we'll just have to tell them that. Best Buy is two 2-year-old TVs; Home Depot is a water softening system; Lane is living room furniture. I doubt they want any of it back! LOL. Appreciate the quick response!
        They won't want that stuff.
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

        Comment


          #5
          I am a little confused....so are these kind of debts not able to be included in the bankruptcy? We have a best buy card that I bought my computer with about a year ago that I needed for school and we have furniture payments too that are about a year old too. Are these creditors going to object? or do they just want thier stuff back? you stated that they were discharged.very confused and worried.
          60K in debt??
          Ch 7
          No Mortgage No assets

          Comment


            #6
            Originally posted by creditgone View Post
            I am a little confused....so are these kind of debts not able to be included in the bankruptcy? We have a best buy card that I bought my computer with about a year ago that I needed for school and we have furniture payments too that are about a year old too. Are these creditors going to object? or do they just want thier stuff back? you stated that they were discharged.very confused and worried.
            The DEBT is discharged but the lender still holds a security interest in the property. If the lender wants it back you have to give it to them. It RARELY happens that way.
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

            Comment


              #7
              thanks! it makes sense now. so if they really want the stuff they can come get it but they don't want my used junk.
              60K in debt??
              Ch 7
              No Mortgage No assets

              Comment


                #8
                Originally posted by creditgone View Post
                thanks! it makes sense now. so if they really want the stuff they can come get it but they don't want my used junk.
                Correct. They are hoping you will offer a cash settlement to keep the junk, but they will probably go away if ignored.
                Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
                "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

                Comment


                  #9
                  In my case (when we filed in 01), we did get a letter from a law firm for a furniture store and Best Buy. Our lawyer advised us to ignore it. That's what we did and they went away. Used furniture and computers are essentially worthless.

                  Comment


                    #10
                    Anyone know how this pertains to department store cards? I just found out, in going through all our preparations, that my wife has a Macy's card that she ran up. Are they going to want us to return clothes and things purchased over the past few years?

                    Comment


                      #11
                      Originally posted by BKInLA View Post
                      Anyone know how this pertains to department store cards? I just found out, in going through all our preparations, that my wife has a Macy's card that she ran up. Are they going to want us to return clothes and things purchased over the past few years?
                      That's going to be a no.
                      Attorney Retained/Paid: 1-4-10
                      Online CCC-Completed & Cert Received: 1-8-10
                      Filed Chapter 7 1-18-10.
                      341 3-10-10 ~~~ Last Day to Object: 5-10-10

                      Comment


                        #12
                        Originally posted by BKInLA View Post
                        Anyone know how this pertains to department store cards? I just found out, in going through all our preparations, that my wife has a Macy's card that she ran up. Are they going to want us to return clothes and things purchased over the past few years?
                        Go to the Goodwill and buy a few pairs of used underwear and send them to Macy's if they ask.
                        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                        Comment


                          #13
                          I discharged a lease through CIT on an $8000 Ricoh copier. They finally called me a year after discharge and asked if i wanted to keep it, I said "how much?", they said "make an offer", I said "$250".....they said "sold", sent them a check and they signed a release to me....crazy.

                          Comment


                            #14
                            Bass & Associates sent us a letter on behalf of Best Buy and also called us 1 time asking us to return secured items. Our attorney advised us to ignore them and we never heard from them again. They don't want the items, in fact they didn't even list what they wanted returned, they were just trying to get us to offer them some money.

                            Comment


                              #15
                              We are going to be in this boat as well...Bass and Associates is already getting the ball rolling for Best Buy..they filed a request for special notice in our case. My attitude is..if they want it, they can come and get it.

                              I know they won't though. They just try to intimidate people by threatening to take your stuff away. I would bet that these clowns don't even know what stuff you have. They are hoping you will volunteer the information, and then volunteer to pay some money for it.

                              Comment

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