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Letter from Law Firm 6 Months After Discharge

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    #16
    Purchase Money Security Interest:

    These security interest are lien rights that the seller retains in the goods purchased when the seller finances the purchase. The lien can be created by a specific written agreement or may arise when the item is financed on the seller's revolving credit plan or store credit card. This kind of lien does not have to be perfected by the usual filing of a UCC financing statement.

    In theory, if the buyer discharges his personal liability on the debt through bankruptcy, the seller retains the right to reclaim the goods. The usual Sears, Good Guys, Circuit City and Zales credit plans give the seller a security interest in the goods purchased.

    Contrast: if you buy the same goods using a Visa or MasterCard (credit provided by a lender other than the seller), you get clear title to the goods. Even if you discharge your liability on the credit card, the goods charged to the card are yours, free and clear of any security interest in favor of the seller or the credit card issuer.

    Purchase money security interests can be avoided or stripped down to the present value of the collateral only in Chapter 11 and 13. See The Power of 13.

    It is our experience that creditors with purchase money security interests in consumer goods almost never file a law suit to enforce their interest in the goods. They are not really interested in the goods. They rely on the debtor's fear of repossession to "encourage" debtors to pay for things with little present market value.



    The above is from Moran Law. Keepmine has probably given you your best course of action in his post above (ignore the letter and see what they do).
    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..

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      #17
      Thank you guys very much for your replies. Hopefully my lawyer will get back to me as well.

      I am inclined to ignore it as well... I guess my last question is, if they were going to pursue it further...what would happen next? I wouldn't have to go to court or anything would I?
      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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        #18
        The fee agreement I signed makes it clear that the law firm I hired does not provide legal services after discharge. My guess is (and it is a guess) that that is why you are not getting answers from your attorney.

        I would google the various terms related to your situation and read up (read, read, read). Learn as much as you can. I suspect that they are calling your bluff.

        Remember, these are not nice people. Do as much as humanly possible to protect yourself.

        Originally posted by Amy26 View Post
        Hi, umm not sure what you mean about signing anything... we basically went in when they were having a big sale. The rings we wanted were like 30% off that day or something.

        I also had an expensive earring that I used in trade-in or downpayment which knocked off another grand or so.

        Other than that, the only thing I signed was the warrenty information and the credit card slip. I think (I can't seem to find any old statements) the total on the card was like 2,700 (just checked my petition) with 12 payments of 225 or something.

        I'm assuming that Kay Jewelers is much like Best Buy... where in their credit card agreement disclosures or what not they state that the items are a secured property or something.

        I did use a lawyer, and I sent him an email about this...but he has a bad habit as viewing me as a "case closed" and not paying attention to me on anything I have asked him since my case was closed.

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          #19
          Originally posted by Amy26 View Post
          Thank you guys very much for your replies. Hopefully my lawyer will get back to me as well.

          I am inclined to ignore it as well... I guess my last question is, if they were going to pursue it further...what would happen next? I wouldn't have to go to court or anything would I?
          It is highly unlikely that they will come after you for a used $2,500 ring. Kay Jewelers is a retail jewelry store, and most retail jewelry stores have markups of 200-300% of cost. It would cost them more to come after the item than the ring is worth.

          I think they are tryng to scare you into paying them some money. Ignore them.
          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

          Comment


            #20
            Originally posted by backtoschool View Post
            It is highly unlikely that they will come after you for a used $2,500 ring. Kay Jewelers is a retail jewelry store, and most retail jewelry stores have markups of 200-300% of cost. It would cost them more to come after the item than the ring is worth.

            I think they are tryng to scare you into paying them some money. Ignore them.
            Totally agree here, I think they are just trying to see what they can get. They had ample time to file claims such as this during the BK process and they failed to do so. I am not sure they even still have a legal claim. I would ignore them while trying to secure a legal response from your attorney. Odds are they go away.
            New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

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              #21
              We were discharged a month ago. I just got a letter from Bass and Assoc. representing Best Buy asking to arrange return of items. Um, NOT! I am going to ignore it. I love how they said they wanted to "arrange for the return of collateral." They don't even know what we have! Not gonna happen.
              Filed CH 7 10/14/09
              341 11/18/09 DONE!
              Discharged 1/19/10!

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                #22
                Originally posted by momtoroxy View Post
                . I love how they said they wanted to "arrange for the return of collateral." They don't even know what we have! Not gonna happen.
                I would give them some old computer pieces (I know I have some!), like that old monitor sitting in your closet and anything else, old broken TV, etc. That would save you a trip to the dump! They are looking for $$$, I doubt they would even come pick up the stuff
                May 2008 Hired 1st Attorney/Stopped paying CCs
                May 21, 2009 Retained 2nd Attorney
                May 28th - Filed for Ch 7 (FINALLY!)
                9/11/09 - DISCHARGED!!!!

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