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

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    #16
    Honestly, you're making a mountain out of a molehill.
    Nobody is going to spend money and time chasing something you don't have.
    Nobody is going to kick down your door and go through your stuff.
    Worse case in the very unlikely event you get sued and you can't produce the ring then pay 'em $100 knowing they likely spent a grand or more chasing a $100.
    Nobody wil do that.

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      #17
      Hi all, Hi Korpus,

      This is what really enraged me, because no one showed up to the meeting to question anything at the time ....eh, not unusual, what they need to know is already in your schedules. For anything they want to do, they file a motion in the court. No real reason for a creditor to show at the 341.

      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?
      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.

      Remember they are not your friends, you don't hold hands and go on long walks, this is business. In jewelery, customers who make one large purchase on a long payment plan are ususally a 1-time customer. So pissing you off isn't going to require much damage control. The $100 on the card gives them a tiny bit of leverage to make a fast profit. A call to your attorney, a couple threatening legalese letters, whats the cost? Next to nothing. What can they get? maybe a piece of jewelery, maybe a hundred bucks or more. This is a high potential/low risk practice and they would be fools to not try it. If one person in fifty coughs up some cash, this become highly profitable. They would be fools not to try.

      And you would be a fool to fall for it. Collecting on this in a BK is impossible. They know that. You know that. Tell them to politely go [fornicate] themselves. End of story. Or should be....

      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. Why would my lawyer contact me saying all of this?

      This what amazes me.....you know they can't collect on it, they know they can't collect on it, why the [hades] doesn't your lawyer know that?

      Here is your response: "Well, technically they can ask for the collateral but it's not gonna happen; cost too much. They will put the squeeze on us but we just tell them to file an AP, put-up or shut-up as it were. Last we will hear from them"

      Hang in there Korpus, be over before you know it!

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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        #18
        They will have to get a court order and show that it wasn't paid off AND that they have a perfected lien against said property. I doubt that they have the lien.

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