Discharged but Wells Fargo still calling about furniture

[itsdavetime]

BK was discharged 9/10/10. Furniture from City Furniture was purchased via Wells Fargo over 2 years ago and they now are calling the house. We don't answer, but they keep calling. They also sent a letter staging we need to settle or surrender the furniture. They never made any claims during the BK process.

Should we just ignore the phone calls and letters from them? Are they violating any debt collection laws (we are in Florida)?

We want to keep the furniture so I'm hoping they don't come after it.

Any help is greatly appreciated.

[ccsjoe]

They don't want the furniture, they want to try and get $$ out of you. They may claim a Purchase Money Security Interest and thus the debt was discharged but not the security interest in the goods, blah blah blah. I would tell them they're welcome to come get the furniture and please be aware: The puppies had multiple accidents on the couch until potty training was completed, the dining table is missing a leg due to an accident, etc, etc...you get the idea.

I know this may be somewhat of an unsettling answer, but please do a search for best buy in the repo and collections area in the forum...they are notorious for this type of action.

[itsdavetime]

So I should call them back and not just ignore the call?

[df04527]

Aren't they violating the bankruptcy stay?

[itsdavetime]

Since it's discharged, the stay is removed, from what I understand.

[itsdavetime]

I called the person back and turns out it's a liquidation company. I asked if it was ok to record the call and she said no, she would have Wells Fargo call me. Guess I pissed her off.

[df04527]

Since it's discharged, the stay is removed, from what I understand.

This doesn't sound right to me but I sure am not an expert here. Wells Fargo was included in the BK - they cannot try to collect on the debt EVER is what I think.

[itsdavetime]

From what I know, they have a secured interest since it was furniture purchased through their card, from a local furniture store. The BK was filed pro se, so I'm just looking for guidance on how to handle this.

[outsidetool]

First off, since creditor is Wells Fargo, and the furniture purchased from a good old furniture store, I'd be wondering if the "problem" of a purchase money security interest even exists. Frankly, I'd call their bluff, as I did with a creditor under similar circumstance in my case a few years ago. I mean you had nothing negotiated during the course of the BK case it appears, and that was the time to deal with this account. Of course it would be easier if you'd had an atty to bounce this off; mine told me to tell'em to take a hike, and to contact his office if they had a problem. That ended the calls.

[tcreegan]

Hi all,

The automatic stay turns into the discharge injunction which permanently bars creditors from collecting on pre-petition debt.

Trying to collect past the filing date is a violation of either the stay or the injunction....either case you can take them to court were judges are usually very favorable toward debtors; damages (your time) + legal fees

[biotechsolution]

Hi all,

The automatic stay turns into the discharge injunction which permanently bars creditors from collecting on pre-petition debt.

Trying to collect past the filing date is a violation of either the stay or the injunction....either case you can take them to court were judges are usually very favorable toward debtors; damages (your time) + legal fees

The can collect on the store furniture but I'd call the bluff. Make them file the papers in court to collect the furniture, most likely not worth the time for them.

[IBroke]

When they call again, tell them you sold the furniture a year ago. Let's see if that puts an end to it.

[itsdavetime]

When they call again, tell them you sold the furniture a year ago. Let's see if that puts an end to it.

Should I call them back or just wait and see if they call again?

[df04527]

i would let them continue to violate the stay/injunction. More money for you if you want to sue them. I wouldn't answer or talk to them. I would also send them a letter with your attorney's contact information if they have any more questions. make sure you tell them to have a nice day too.

[IBroke]

Should I call them back or just wait and see if they call again?

Just wait if they call again.