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Being threatened with lawsuit/repossession by Nebraska Furniture Mart

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    #16
    Here is what I would do:

    Stop paying the discharged debt. Save the money to buy replacement furniture.
    Tell them to come and get the stuff, just as soon as they prove that they have a valid and legal lien on said property. They will have to do that in court.
    If they can do that, then give them a list of dates that they can come and take possession. These dates are to be convenient for you. Whether or not it is convenient for them is irrelevant.
    I would also make it very clear that if they continue to violate bankruptcy laws by attempting to collect a discharged debt, you will seek sanctions and attorney fees. As allowed by the law.

    And don't be surprised if you never hear from them again. They are trying to intimidate you into paying.

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      #17
      Stop paying them. You are throwing good money after bad. Think about your future not your past!!

      Don't give them another red cent and tell them they must not phone you and can only contact you in writing from now on.

      Originally posted by Frustrated19 View Post
      I think I needed to hear that. We will continue to pay monthly as we deem necessary for our consciences. I just couldn't believe they were taking such strong action while we are still paying. I pointed out to them that I have been under no legal obligation to repay them for over 3 months now and yet I have continued to pay them, so why are they coming after us? Gracious, what a deal!! I wasn't sure what was legitimate from them or not. Can they call us, or is it limited to letters at this point? Again, thank you!
      Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

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        #18
        Am I the only one on this board that starts laughing his head off when a member of this board tells a creditor to pound sand??? ahahahahahahah

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          #19
          Originally posted by helpme2010 View Post
          Am I the only one on this board that starts laughing his head off when a member of this board tells a creditor to pound sand??? ahahahahahahah
          lol. no, i'm laughing with you. bwahahahaha!
          There are two secrets for success in life:
          1.) Never tell everything you know.

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            #20
            Originally posted by helpme2010 View Post
            Am I the only one on this board that starts laughing his head off when a member of this board tells a creditor to pound sand??? ahahahahahahah
            I can't help but laugh, because it gives me this hysterical mental image.
            Filed pro se, made it through the 341, discharged, Closed!!!

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              #21
              hahahaha
              I get this vision of a guy in a suit out on the beach beating a sand castle with a rubber mallet.
              filed: 8/10 ...341:10/8/10 ... Discharged & Close: 12/9/10
              "Nothing is easy to the unwilling" Thomas Fuller

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                #22
                Originally posted by oregonpilot View Post
                hahahaha
                I get this vision of a guy in a suit out on the beach beating a sand castle with a rubber mallet.
                The ice water that just came out of my nose was TOTALLY worth this visual. I am still laughing!!
                ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                Not an attorney - just an opinionated woman.

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                  #23
                  Just my 2 cents, but ..

                  1) WHY ARE YOU STILL TALKING TO THESE PEOPLE? Your creditors are never looking out for you, only their own interests. Their interest is getting you to pay up, and if they can sucker you into a backdoor deal, that’s how it’s going down.

                  Do not take advice regarding your lawyer, the furniture, or anything else from them, and for the sweet Love of Christ, STOP CALLING THEM!

                  2) Why ARE YOU STILL PAYING THESE PEOPLE?? The whole point of a BK is to start fresh, discharge any outstanding debt you can, and move on. As someone else said, you are likely complicating this by continuing to pay them at all. This may be why the simply haven’t “written off” your account by now…because you are still paying and they can’t, which has given them extra time to cook up a plan to screw with you about it some more.

                  Now, I get you likely have a consciences about doing this, but in all honesty, it’s a financial decision and it’s done, nothing emotional about it. You aren’t the first one to BK out on furniture, nor the last. The furniture company will survive to sell more couches regardless of your payment, trust me. You are doing more harm than good.

                  Now, if it was me….I would have told them once I got the letter that they need to be glad I don’t take this letter and sue them for violating BK laws…and if they still want the couch/dresser/etc. that the dog half-ate, your kids colored/painted all over with permanent coloring, and your cat’s claws and urine took a real liking to, they can pay the money to come out there and get the damn stuff.

                  As someone else said, unless we are talking about 120K’s worth in furniture from an antique store, it’s not going to be worth their time to repossess this, store it, refurbish it, and resell it. It’s not gonna happen…they got bigger fish to fry.

                  3) And most important - Why would you BELIEVE a creditor when they tell you your lawyer is scum?? You know why they think that?!! Because that lawyer has likely successfully gotten hundreds of people who owe hundreds of thousands of dollars (or even millions) over time to BK out debt owed to this company.

                  You would think he was scum too if you were them….he is like Satan’s #1 cheerleader to them! For you however, it sounds like he did (and is still doing) a great job by advising you to flip the furniture company the bird, stop paying them, and move on, because they have about as much chance of recovering the full debt from you as Oprah has of actually staying thin…some things in life just aren’t made to be

                  So in short….ignore anything else the send you, don’t call them or answer their calls, and if you do, simply tell them that if they make so much as 1 more request/phone call/letter etc. in regards to this debt, you will have no choice but to pursue them for damages for their violation. Also, kindly remind them that they missed their open window for objects, so it’s their problem now. And maybe tell them where they can stick your couch….
                  Ch7 no asset Filed 11/23 341 12/21 discharged: 2/22/11 I am soooo totally not a lawyer, but i wish i had married one! Does that count for anything?

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                    #24
                    Sorry this is kind of old but NFM SUCKS. Plain and simple. We had a card through them (they do their own in house financing btw) they sent me a notice a year ago or so saying you must pay x amount of dollars by x day. I paid x amount of dollars on x day but since it was after 5 it didn't clear the account and go into theirs until the next day. They sued us. We've been paying on the judgement ever since then owe $450 on it. I'd like to see them threaten to come take my property though I don't believe they can the property I bought from them was warrantied out and I was given a new unit over a year ago.

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