Feedback Please Regarding Bass & Assoc for Best Buy

[stevie2012]

This is regarding my Ch 7 no asset case, which is scheduled for discharge this coming week.

As some of you may know, a representative for Best Buy (Bass & Assoc) showed up at my 341. She asked me about my purchases (if I had still them, condition, etc). Of the six items she asked me about, I told her I had possession of two of them (equated to $600 in charges). All the rest I said I no longer had (equated to $2500 in charges). However, one of the items I said I no longer have and didn't know what I did with, I found it this weekend when I was going through my storage (it's a broke laptop).

This item, however, is listed on my schedule of assets as computer equipment.

After the 341, my attorney told me to not even be concerned with Bass & Associates and that they will go away. However, I am concerned because this item I told her I no longer have, I actually do. Is this something I should report to my attorney? I don't want to be accused any sort of perjury. I don't need any problems.

Feedback please.

Thanks in advance.

[jst4f]

If the laptop is broke then in my book you don't have it. I would be concerned only if it worked. Listing a broken computer was, perhaps, an over abundance of conservatism but not wrong. As for B&A, listen to your attorney. Relax you are almost there.

[df04527]

I, personally, wouldn't worry about it. AT the time you answered that question it was the truth. If you hear back from them, which you won't, then tell them did locate it but it is broken.

They want the money, not used equipment, and especially broken used equipment.

[stevie2012]

Thanks for the feedback. I'm just stressing because perjury is the last thing I need!! You hear all these horror stories about discharges being revoked, etc. It wasn't listed as broken on my schedule of assets it was just vaguely listed as "computer equipment" which also covered my keyboard, laser printer, mouse, etc.

BTW, PACER is showing today at 60 days after 341. I'm thinking it's not business days so my Ch 7 may be discharged tomorrow.

[AngelinaCat]

It will not happen until after 11:59 PM of Day 60 passes. And it depends on your district. Some are more automated than others. Good luck though. I can already hear the pitty-pat of Hamster feet...

[AngelinaCat]

Thanks for the feedback. I'm just stressing because perjury is the last thing I need!! You hear all these horror stories about discharges being revoked, etc.

Perjury--even blatantly obvious cases--are difficult to prove in court, so they are very seldom pursued.

One of the hangers-on of the Enemy that bedeviled us for 9 years, was caught in a blatant lie about his schooling, and some other matters, during an Internal Investigation conducted by the local Police Department. This man was a Sergeant Detective, and SHOULD have known better. However, he resigned and no further action was taken.

[bcohen]

Unless thousands of dollars are at stake, no one is going to pursue you for an unintentional oversight, and certainly not criminally, as in "perjury". Used laptops are worth so little money that even if you had the computer, and even if it was in working condition, the dollar value would be much too small to justify the trustee's attention. Every day, I see people selling 1 to 3 year old laptops on Craigslist--in perfect working order--for less than $150, and sometimes even for less than $100. Heck, I bought my laptop on Craigslist a couple of years back, and I paid about $80, and that even included a carrying case.

My advice is to ignore Bass & Associates, and DO NOT RESPOND to any letters which they might send you after the bankruptcy case is closed asking to collect their "collateral" or for you to pay the balance owed on the account. The truth is that legally they cannot collect a discharged debt, however assuming that they have a perfected security interest in the merchandise (and it is not clear that they do) then they still must go through the legal process of filing a writ of replevin with the local court, which of course costs a lot of money. There is absolutely NO chance that Bass & Associates will attempt to repossess anything, as it would cost them more to repo the items, prep them for resale, store them in a warehouse, and auction them off than what the proceeds of the sale would bring.

[stevie2012]

Thanks again for all the responses - I'm just paranoid because under oath I told the representative that I didn't have the item. I was floored when I found it this weekend.

[AngelinaCat]

You told the truth at the time. Period, and End-of-Subject File-Marker!!!

How many times have you gone home from the food or drug store, and unloaded your groceries, or whatever, and found some item that you had forgotten to pay for, or had some other way been knocked into your bags? This is similar to those types of things.

Stevie, you are worrying too much. See my earlier posts. Relax a little. We worried WAY too much. We stay here to tell folks like you, that you don't have to worry as much.

It is time to go to bed, and get a decent night's sleep.

[stevie2012]

[btbeme]

After your case closes you will likely get a call or some mail from Bass and Asses demanding your stuff.

Ignore them. Unless they come to your door with a Writ of Replevin (never happens) just tell them to pound sand and not contact you any more.

[AngelinaCat]

After your case closes you will likely get a call or some mail from Bass and Asses demanding your stuff.

Ignore them. Unless they come to your door with a Writ of Replevin (never happens) just tell them to pound sand and not contact you any more.

If they do that, write them a C&D letter informing them that they are in violation of the Permanent Stay, and include a copy of your Discharge Order. Send a cc to your trustee and judge.