So I received a call from my Lawyer the other day.. (please read)

[Korpus]

She tells me that JBR (JB Robinson Jewelers) wants to take back a ring I purchased for roughly $1000 quite a while back, that has been repaid.. 99% there is a $103 balance left on the card, before I filed, which was done out of principle because they had cancelled my card long before filing, while I was making regular payments. Now I've already had my 341 meeting, and the Trustee asked no questions regarding any assets I have, because I really don't have any, besides a $700 vehicle which they aren't interested in. This is what really enraged me, because no one showed up to the meeting to question anything at the time.

I informed my lawyer that the ring was given as a 'gift' and is no longer in my possession.
Then I asked how could they attempt to collect something that has been paid off as far as I'm concerned, and the $103 left is probably just interest charges.

She tells me that it doesn't matter what the value of the ring, but it's not in my possession anymore so there's nothing further we can do.

My question: How in the hell does JBR even have the nerve to ask for a ring back that is over 10x the value left on the credit card?

This really enraged me, and I'm glad I found these forums. I didn't want to prod with the lawyer to raise suspicion, so I accepted her answer and moved on.

Any advice you guys can provide is going to be greatly appreciated. Maybe I can get some real information before I receive my discharge.

[DebtEnder]

Tell them to get a court order after your BK to get the ring back if they want it so bad. Otherwise tell em any more contact and you'll be collecting penalties and fines from them for violation of a discharge order.

[Korpus]

Well my BK has yet to be discharged. My 341 meeting was on December 27, 2010. Still awaiting discharge. JBR didn't contact me directly, I'm guessing it was my lawyer, since she was one to contact me. I just found it really offensive, since I have given JBR literally nearly $7000 of business, and all that remains is $103 on their card.

I wanted to tell my lawyer, to tell them to f*** off, for lack of better term, but I just want this all to be over with.

She said they wanted the ring back, or wanted more money to keep the ring, which is when I told her the ring is no longer in my possession.

Can JBR really try to get more money from me for this? It all just sounds absurd.. it's the smallest debt on my entire filing; the largest being 18k on a Visa.

[DebtEnder]

No they cannot get more money form you, attempting to do so is a direct violation. They can ask for their "secured" collateral but to force it back will require a court order writ. They are not going to spend money to do this. It is typical bullshit tactics. Ignore them.

[BrokeinMD]

The 341 was their opportunity to show up and talk to the trustee about that debt. If they didn't appear, too bad for them. You did list them as a creditor, correct?

[Korpus]

Yes they are indeed listed as a creditor. Not one of my roughly 15 total creditors showed up to the meeting. I'm probably just overreacting to this, but should my lawyer ask about the person in question who has the ring, what would be the best response?

It comes down to me not wanting JBR to be able to collect this ring back, as if they did, they would actually come out much on top, seeing as how the total debt owed to them is $103.

What are my steps if they indeed want to file a court order to repossess this ring?

I reside in the state of Illinois if that makes any difference at all.

[BrokeinMD]

They can't sue you, and they're violating the automatic stay talking to you about it. Send them a cease and desist letter and copy your attorney.

[Korpus]

They haven't contacted me directly. The call to me was made from my BK attorney. So I'm guessing they contacted her. I'm going through Peter Francis Geraci's BK firm.

[Korpus]

This is the exact phone call me and my BK attorney went through:

I'm calling because I got a letter from the jewelry company you bought something from saying you have a balance of $103, the way it works is you can pay off that amount or surrender the item you have. I just need to know if you have the item still, what it is, and if you want to redeem it for the $103 or not.

That's when I told her I don't have it, etc, etc, etc...

Again, I filed last year, my meeting of creditors was 12/27/2010. No creditors showed up. Why would my lawyer contact me saying all of this? I'm just confused and pissed off, yet at the same time, like I said, I just want this all to be over with. It's been an emotional rollercoaster that my wife and I are ready to move on from.

[keepmine]

The 341 was their opportunity to show up and talk to the trustee about that debt. If they didn't appear, too bad for them. You did list them as a creditor, correct?

This isn't correct. A creditor loses no rights by not appearing at the 341. They have 60 days from the 341 to file an AP.
They are not violating the automatic stay by contacting the OP's attorney.

[BrokeinMD]

Sorry, I misunderstood. I thought they contacted the OP. So, they're claiming it's a secured debt. Yes, they do have the 60 days from your 341 to file to try to get it back. Which, will probably cost them more in legal fees than the actual debt. I agree with Debtender's advice. Ignore. What did your attorney say?

[keepmine]

This is the exact phone call me and my BK attorney went through:

I'm calling because I got a letter from the jewelry company you bought something from saying you have a balance of $103, the way it works is you can pay off that amount or surrender the item you have. I just need to know if you have the item still, what it is, and if you want to redeem it for the $103 or not.

That's when I told her I don't have it, etc, etc, etc...

Again, I filed last year, my meeting of creditors was 12/27/2010. No creditors showed up. Why would my lawyer contact me saying all of this? I'm just confused and pissed off, yet at the same time, like I said, I just want this all to be over with. It's been an emotional rollercoaster that my wife and I are ready to move on from.

First thing you do is calm down. No need for any drama over $103 when you well have tens of thousands of dollars worth of debt discharged.
As I wrote in a previous post-nobody has done anything wrong.
Likely, the store card you used gave them a security interest in the ring. They have a right to demand the return of the merchandise.If you don't have it,or refuse to return it
after discharge, they'd need to file a writ of replevin with a local court seeking a court order for it's return. They'll have to provide a legal description of the ring which they likely don't have. In any event nobody will spend that sort of money or time over $100.
Just listen to your lawyer and sit tight.
Likely what'll happen is post discharge they'll turn it over to Bass and Associates and you'll get a few calls and letters seeking it's return. Do a search on this site for Bass. Just ignore them and they'll go pester someone else.

[free2breathe]

First of all, it's very rare for any creditors to attend a 341. It's not really worth their time, as about all they get to do at the 341 is ask questions about your financial situation. The reason they sent your attorney a letter is they know that's the only way they can try to scare you into giving them the ring. They cannot contact you. At least they did state there is only a $103 balance. They're hoping they'll get that amount from you and, believe me, they know it's a shot in the dark. My guess is the cost of the stamp and the paper they wrote the letter on is about as far as they're willing to take it. Your attorney will pass the word that you're no longer in possession of the ring. End of story.

[Korpus]

You all are really wonderful. I'm surprised a site this helpful exists.

Can the creditor still demand that I pay the remaining $103 balance because I am no longer in possession of the ring?

Thanks again guys. You're helping to ease my mind quite a bit.

[Korpus]

First thing you do is calm down. No need for any drama over $103 when you well have tens of thousands of dollars worth of debt discharged.
As I wrote in a previous post-nobody has done anything wrong.
Likely, the store card you used gave them a security interest in the ring. They have a right to demand the return of the merchandise.If you don't have it,or refuse to return it
after discharge, they'd need to file a writ of replevin with a local court seeking a court order for it's return. They'll have to provide a legal description of the ring which they likely don't have. In any event nobody will spend that sort of money or time over $100.
Just listen to your lawyer and sit tight.
Likely what'll happen is post discharge they'll turn it over to Bass and Associates and you'll get a few calls and letters seeking it's return. Do a search on this site for Bass. Just ignore them and they'll go pester someone else.

Now, if they file a writ of replevin, and come after the item, what happens when I don't have it?

After all, it was 'given as a gift' to someone I no longer associate with, nor do I know their last name. Said person moved to Canada as well.

Are they going to invade my home and search for the item? Check all my wife's wedding bands and engagement rings? I just don't get it.