Any creditors object?

[MBeach222]

Anyone have any stories where a creditor objected? What did the trustee do? Did they ask for any further bank statements after the 341?

[justbroke]

There are two different objections. The first is an objection to your overall discharge. In other words, you don't deserve to discharge any debt. Those are very very rare and those only occur where there is fraud.

The other objection is an objection to the specific debt. For example, you charge or use a cash advance for $3,000 on a VISA 30 days before filing. The creditor is likely to object to have that specific $3,000 "excepted" from discharge. Creditors don't usually show up at your 341 Meeting, unless it's a small local bank or credit union and usually when there is a car involved.

The Trustee doesn't care about creditor objections since it's not the Trustee's duty to worry about that. It's the debtor that needs to worry about the two types of objections to discharge. In the end, these types of objections happen in less than 5% of the cases.

[ecoastbound]

Justbroke, I have a question you may be able to answer. I purchased a tv, home theater system and misc items for my daughter a year and a half ago as a gift. $900 was paid by check and $750 with my Best Buy credit card. HSBC attorneys contacted my attorney last week and wanted to know if I was gonna pay or surrender. I told her I no longer was in possession of the items and she said ok she would let them know and that it was more than likely fine. Do they really want a year and a half old electronics back? Do you think they will interfere with my discharge? If I really need to I can get the stuff back from my daughter but $900 was paid out of pocket.

[keepsmiling]

Justbroke, I have a question you may be able to answer. I purchased a tv, home theater system and misc items for my daughter a year and a half ago as a gift. $900 was paid by check and $750 with my Best Buy credit card. HSBC attorneys contacted my attorney last week and wanted to know if I was gonna pay or surrender. I told her I no longer was in possession of the items and she said ok she would let them know and that it was more than likely fine. Do they really want a year and a half old electronics back? Do you think they will interfere with my discharge? If I really need to I can get the stuff back from my daughter but $900 was paid out of pocket.

If you keep reading, you will see that Best Buy is notorious for this nonsense. No, they don't want their stuff back, they want to scare you into paying. Ignore them and they will go away.

[ecoastbound]

That's what I figured. My attorneys legal assistant pretty much said the same thing. I was searching on here to see if anyone has had this issue before with HSBC but didn't find anything. Thanks for the reply.

[justbroke]

Yes, this is true. Besides, you don't have possession of it any longer so there is no property. It's all just a way to try to entice you to pay for the property. They don't want it back!

[btbeme]

Look for other posts here regarding "purchase money security interest", PMSI, and/or Best Buy. Lots of them.