Help - atty wants us to reaffirm Best Buy purchases

[btbeme]

Do not sign anything. Do not reaffirm anything. PERIOD. Do not talk, negotiate, etc. If they want it, they can get a Writ of Replevin and come and get it. Or, you can pay them what you owe them to keep it. That is how it works.

Why even talk to these bastards? A BK discharge is absolute, except on secured items. Best Buy's security interest on your items is only valid if you freakin' volunteer to return them or negotiate (like you did already) or they go through the legal process to come and get them! By opening your mouth, you are giving them every mode of help that you possibly can!

Your attorney, or whomever is giving you this "advice", is WRONG! This is NOT in your best interest. Stop freakin' talking to Best Buy. Make them do their own damn homework! Like we said here a million times before, they likely WILL NOT do a damn thing!

But now the pee is in the pool.... so whatever happens, happens. They have a legal right to come and get stuff unless you surrender it voluntarily. Surrendering it is cheap for them - that is what they want. By talking to them you encouraged them to do everything to make you surrender. That is what they are doing. You did most of the work for them, so good luck.

[syd74]

That's pretty harsh, btbeme; hopefully you're incorrect that we opened some legal door that now they can take the stuff more easily. I'm not sure whether they actually want the stuff anyway. It seems like you should be able to offer to reaffirm, as LadyInTheRed said, and then not go through with it if terms are not agreeable. I guess we'll see! All I can say is that the items are not worth what is owed on them.

[SMinGA2]

Even if someone shows up at your door and asks for it, you don't have to give it over. They need to file a writ of replevin to legally take it back. Not to mention, hiring a truck for the refrigerator, dealing with storage, trying to resell it - and attorney's fees.

[LadyInTheRed]

That's pretty harsh, btbeme; hopefully you're incorrect that we opened some legal door that now they can take the stuff more easily. I'm not sure whether they actually want the stuff anyway. It seems like you should be able to offer to reaffirm, as LadyInTheRed said, and then not go through with it if terms are not agreeable. I guess we'll see! All I can say is that the items are not worth what is owed on them.

There is nothing in your posts that indicate you have done anything to make it easier for Best Buy. Simply trying to negotiate a reaffirmation agreement gives them no advantage. You haven't signed any agreement with Best Buy, right? Btbeme's post implies that he/she thinks you are talking to Best Buy. But it is your attorney (or somebody in his office) who is doing that, not you, right? Even if you were talking to Best Buy, the only way you could do any harm to your position at this point is by signing a reaffrimation agreement (or maybe an agreement to surrender the property, but I'm not sure that would be enforceable while you are in BK) or handing the property over to them. Even if you were to sign a reaffirmation agreement, it still has to be filed with a court and you have 60 days after it is filed with the court to rescind it.

[syd74]

You're correct, LadyInTheRed, we have had no communications personally with Best Buy. Our lawyer's office has done everything. We have signed no agreements. Thanks for the reassurance!

[HHM]

In general, it is fairly standard practice to ignore Bass & Associates.

Sounds like the assistant is just giving you the letter of the law.

Strictly speaking, under the BK code, there are only 3 options when it comes to debt secured by non-real property, reaffirm, redeem, surrender. Under section 521(a)(2)(A), the debtor must file a statement of intent within 30 days of filing the BK petition. Under section 521(a)(2)(B), the debtor must "perform" that intention within 30 days after the first scheduled meeting of creditors.

The nice thing is, that under 521(a)(6), the code does not provide the creditor with a direct bankruptcy remedy. All it says is that the stay is lifted 45 days after the first scheduled 341 meeting and the creditor may then exercise any non-bankruptcy remedy with regard to the property, (e.g. repo). In layman's terms, it means the creditor will have to march into state court and get a writ or replevin and send the sheriff to get your crappy computer or TV...and they are not going to do that (too expensive). This is good for the debtor because it means that the creditor cannot simply file a motion in BK court to have you turn over the property.

[syd74]

Sheesh, the assistant at the attorney's office just told me that they don't need to obtain a writ of replevin during bankruptcy cases. She also told me that BB's attorneys are willing to settle at $1064, and that is their final offer. Then she said, "It's fine if you don't want to reaffirm. You'll just have to surrender the items."

I'm trying to find out if the assistant is full of hot air regarding the writ of replevin.

[keepsmiling]

She is.
This is why bt is getting a tad worked up. We've been telling you this all along
Stick around a while. This topic comes up almost monthly.

[syd74]

I hear ya, keep smiling! It's just a little stressful when representatives from our atty's office, who are supposed to be experts and our advocates, are spouting opposing information. Yet I'm now recalling that our attorney himself said it's very difficult for creditors to repossess stuff from inside the home, and I'm pretty sure he mentioned the writ. I'm 90% sure I'm going to ignore Best Buy, but I'm just a little nervous about it. I won't be able to buy another Macbook Pro if this one goes, at least not anytime soon. That would be a drag, since I use it for my work. But I'm really listening to all of you and thinking it probably won't happen.

[Pjmax]

Syd, I just looked on eBay. There are a number of 15" MBP's all under $500 buy it now price. They are not the latest model, but I would put the money that you were offering to BB aside, and take your chances. It seems highly unlikely they will go through the court for the writ to repo, if they do, it might take a bit. I would think you would get notice, and in that case, buy another used Mac that will get you through until you can afford the latest and greatest.

[LadyInTheRed]

I hear ya, keep smiling! It's just a little stressful when representatives from our atty's office, who are supposed to be experts and our advocates, are spouting opposing information. Yet I'm now recalling that our attorney himself said it's very difficult for creditors to repossess stuff from inside the home, and I'm pretty sure he mentioned the writ. I'm 90% sure I'm going to ignore Best Buy, but I'm just a little nervous about it. I won't be able to buy another Macbook Pro if this one goes, at least not anytime soon. That would be a drag, since I use it for my work. But I'm really listening to all of you and thinking it probably won't happen.

Talk to the attorney. That is the only person in that office you should consider an expert.

[widow]

OMG! I filed for Chapter 7 pro se. My husband died suddenly March 14 and I have $65,000 in credit card debt. My home was sold in a short sale. I had my 341 meeting first thing this morning in Tampa Florida. To my amazement when I was called to the table there was a creditor there. It was a lady from Best Buy Or capital one.

In order to cut my expenses I gave up TV cable and home phone over the summer. I have a good friend who insisted i get an iPad and an AppleTV and she would pay the bill. I put it on my Best Buy credit card for 18 months with no interest charged in approximately August 2012.

The lady asked me questions at the end near the end of my meeting today. I told the story of how I had only bought that because my friend had agreed to pay for it. I did not know that you couldn't pay one debt or another at that time. I filed for bankruptcy early in December and I told her we had to stop making that payment.

The lady asked me if I wanted to reaffirm the debt of $571. Then she cut the price down 20% to $423. She gave me a big pile of papers to reaffirm the debt. And to let them know. I don't think I'm going to reaffirm the debt and have my friend Pay it is not worth it to me they can have the iPad and have the AppleTV if they want to come and get it.

At the end the trustees said you're dismissed 90 days. I don't even know what that means.

Also I had to fill out a long form about all the calls I've been getting from credit card companies and they were going to go after them several other people in the room did as well this is middle District of Florida

Help or suggestions would be appreciated thank you so much

[rustymich]

They work for you not the other way around,Mine said Id have to file 13 I told him hes wrong and did a 7 done going on 2years over now,I will say I didnt reaffirm my atv but wanted to keep it Bass and Associates did offer no interest and I kept it I pay them interset free wasnt looking for a free ride just fairness in my case....

[rustymich]

It is not for them to tell you to give up anything if you dont reaffirm and they want it paper will follow/legal paperwork If you werent to far in Id dump that person...

[bcohen]

Sheesh, the assistant at the attorney's office just told me that they don't need to obtain a writ of replevin during bankruptcy cases. She also told me that BB's attorneys are willing to settle at $1064, and that is their final offer. Then she said, "It's fine if you don't want to reaffirm. You'll just have to surrender the items."

I'm trying to find out if the assistant is full of hot air regarding the writ of replevin.

The assistant is full of schitt. This is not a motor vehicle with a duly recorded lien on the title. This is personal property, and there is a legal process which the creditor must go through in order to repossess their collateral. The creditor must go to court, obtain a writ of replevin, and have the sheriff come collect the items--they cannot send a "repo man" to come get it.

You should cease communicating with these people, sign nothing, and do nothing until/unless they obtain a writ of replevin, and then of course you will have to let the sheriff take the items. Odds of that happening are pretty much zero, for the simple reason that it would cost more for the creditor to repossess the items, store, and sell them than what they would get selling them. Thus, it does not make financial sense to repossess.

Look on this discussion forum (as well as many others on the 'net) and you will see that many people have ignored Bass & Associates, discharged the debt, and kept the items without paying a penny.