Bass & Assoc re: item no longer possessed

[Wilco]

I filed Ch7 which was discharged in early June. Included was a HSBC/Bestbuy account that I purchased a rear projection TV with around 2004. My attorney let me know that he's received some calls from Bass & Associates regarding the items from this account. He is ignoring them. However, this is the only "loose end" associated with my fresh start, and I'd like to be able to make them go away. The problem is, this item was bulky and huge and wasn't working too well so I got rid of it before the last time I moved. I understand how unlikely it is that B&A will actually obtain a writ of replevin for this item regardless, but what would happen if they do choose to go this route and I no longer have the items they claim to have secured interest in? Would I be ordered to pay market value in the absence of the physical goods?

Just wanting to know for sure where I stand in this dangling loose end from my BK.

Thank you!

[starr4law]

USUALLY, if ignored, these things tend to disappear on their own. The only caveat I would add to that is that Bass & Assoc is quite litigous so that doesn't work in your favor. If push comes to shove, you may have to offer them a "settlement" so that they will go away. I wouldn't mention that you no longer have the item since disposal of a secured item is a no-no and could create different problems for you. If asked outright, you will have to be truthful, but I wouldn't volunteer the information. If you get as far as settlement, you could mention how big, bulky and not working too well the item is.

I wouldn't lose any sleep over this - the only really ugly credit cards that I've seen scream and won't let go is YardCard

[momtoroxy]

I have gotten three letters from Bass & Assoc. regarding our Best Buy account that was discharged in our Ch 7. My husband answered a call from them and what is kind of funny is that they said they "wanted the washer and dryer back." It's funny because the washer and dryer were paid off before we purchased the TV that is the real item they are looking for! My husband told them that the washer and dryer had been paid off and until they could come up with an itemized list and receipt for the item they want, to shove it. I got one more letter, that stated it was a third notice, and haven't heard anything since! My attorney said to ignore it. She said they "can come to get your items, but they won't." So, i'm just pretending the letters don't exist!

[anime-chicka]

Bass and Associates reared their ugly heads for my HP/HSBC account, but nothing ever came of it. From what I've read, they're mostly all bark and very little bite.

[Wilco]

Thanks for the replies, but one of my main questions remains unanswered:

What happens if they file for a writ of replevin and I no longer have the items?

[starr4law]

I responded earlier but missed one fact - this is from 2004! The chances are SO slim of this happening, you should spend more time worrying about being hit by lightning than having them issue a writ

IF worst came to worst, you would just offer them some cash to go away. Of all the things to worry about in the world, this is not one of them.

[starr4law]

Oh, before you actually get to the point of offering them cash (which I honestly do not think it will ever get that far), ask them to provide proof of the security interest in said item as well as a copy of the original cardmember agreement, any amendments thereto, and a signed copy of the receipt for purchase. Bass won't have any of this. Additionally, I'd bet BIG money that IF (again, BIG IF) they were going to seek a writ and you wrote them and said that the property was available on this day and this day from this time to this time, their agents would NEVER show up to get the stuff.

[frogger]

What happens if they file for a writ of replevin and I no longer have the items?

Tell them to come and get it. They will go away.

NO ONE wants your 10 year old big tv. If they do, go get a junker from a tv shop and give that to them.

[BCA2009]

They can't get what you don't have. You are discharged from the debt. They had an opportunity to file a motion to lift the stay and repo it before you were discharged. They didn't exercise that right then, so it's too late for them to object to the discharge. they can't re-instate the debt. Tell them the truth that you threw it away a few years ago. They could (theoretically) file a suit to make you hand over the item, but if you don't have it they are SOL and have no further recourse. Do not offer them a cash settlement, you would be throwing money awy.