Bass and Associates - update and question

[syd74]

Our BK 7 case was closed/discharged or whatever at the end of March. At that time I got an email from my attorney's office (a legal assistant there) that Bass and Associates wanted me to contact them regarding surrender of my 2011 Macbook Pro and our refrigerator, both bought at Best Buy. I ignored the email.

Our attorney himself confirmed that they would need to get a Writ of Replevin to get the stuff. Macbook Pros do retain their value. I just checked Ebay and mine is going for about $700 there. I can't imagine that they want our fridge, even though it's a decent model. We bought a floor model scratch and dent (Stainless Samsung) for $1000, at the time non-floor models were $1700. Still, too much cost to move, clean, store, and sell. I'm thinking maybe they could get $400 - $500 for it.

No word for months; thought we were in the clear. Then today I just got this email from atty's office again (legal assistant, of course);

"Bob from Bass & Associates (at 855-xxx-xxxx) called regarding the Best Buy merchandise from your bankruptcy. You did not wish to sign a reaffirmation agreement so they hold a surviving lien on the property, and the creditor wants to schedule for the surrender of the merchandise. If you could please contact them on how to proceed this matter can be brought to resolution. If you have questions please contact our office."

Should I just ignore again? Make any response to the attorney's office? How much would it cost B and A to go through the Writ and repo process?

Thanks!

[AngelinaCat]

Send them a C & D letter along with a copy of your Discharge Order. Inform them that they are in violation of the Permanent Stay that a Chapter 7 Discharge affords you. If they persist in harassing you about this, you will be in touch with your attorney. Send it certified with a return receipt, so that you will know when they got it. Send a courtesy copy to your attorney.

Keep copies of everything for your files.

[syd74]

Thanks AngelinaCat. They did not contact me directly but are doing it through my attorney. Is it still a violation of the stay?

[AngelinaCat]

Then technically they are not. But they are trying to be sneaky. What does your attorney say?

[LadyInTheRed]

Trying to collect an asset that secured a discharged debt is not a violation of the automatic stay.

Yes, they need a write of replevin to take the property. I'd ignore them. Or, call their bluff and tell them "come and get it." The probably won't. I have heard of many threats made by Bass and Associates, but am yet to hear of Best Buy repossessing anything. They are hoping to scare you into paying for the stuff they are threatening to take. It probably works sometimes.

[syd74]

I have no desire to contact them unless I have to. I feel like if I told them to "come and get it" I might provoke them to go that extra mile. I haven't asked my attorney himself since we were discharged. His underlings have historically offered inaccurate advice to us, so I wouldn't ask anyone but him. At the time, he had said that they would need a Writ, and he had never known B & A to get one for Best Buy.

I was just unsure why his office would forward that info to me with the implication that I should voluntarily surrender when doing so is not required nor in my best interest. So I'm just wondering if I should say something to them.

[keepmine]

Just ignore them. Your lawyer is just doing what they're supposed to do. Keeping you informed.
Odds are, the email they sent Bass and Associates says, they no longer represent you and any further communication regarding your bk should be directed a to you.

[bcohen]

Keep ignoring Bass & Asses. They are simply not going to spend more than $1000 in legal expenses and court costs to get a writ of replevin, then pay another $100 or so to have the constable come collect the property, then spend another $200 or more to store the stuff and prepare it for resale, then spend another $150 or more to sell the stuff, which might fetch $800 or less at auction. Simply not going to happen. This is a fishing expedition, nothing more. They want to see if you'll take the bait and enter into a payment agreement, or offer to settle the debt. Don't fall for it.

[syd74]

Thank you everyone! Bcohen, thanks for that breakdown. That relieves some stress. No more drama, that's my motto, lol!

I did send a short email to my attorney's office saying I was surprised that they phrased the email like that, etc. As though they are B & A's advocate and not mine. I feel bad for all the unknowing clients that have taken their "advice."

[AngelinaCat]

We don't have a Best Buy in our area. I have been in one a few times when we have been on a trip somewhere, but never really was that impressed. With everything I keep reading here about them, I will make sure I stay away, even if one comes into my county and builds right next door.

[jst4f]

Should B&A contact you directly, don't panic and do not tell them what you got from them. They have to list it and tell you what you bought and when. You don't remember,.... Not sure...whatever you want to say. Request they send a letter to you listing the items. If they keep pushing ask for a copy of the writ, which is your legal right. Drag things out. Historically, they have not followed through and collected the items. They are wanting you to voluntarily agree to pay them, which is not a violation of BK law. They may even try to shame you into paying. You just need the courage to call their bluff by ignoring them. BTW you are under no legal obligation to take the items to them. They have to arrange with you to come and get it. If they don't contact you leave them alone.

[stevie2012]

This is good info because I know they will want my dishwasher and laptop. They showed up at my 341, as some of you know.

[syd74]

Cabarista, don't count them out yet. You were just discharged. They can't contact you before that anyway. Hopefully they won't, though.

[bcohen]

This is good info because I know they will want my dishwasher and laptop. They showed up at my 341, as some of you know.

Rest assured that neither Bass & Associates, nor Chase Bank (the actual creditor for Best Buy credit accounts) want your dishwasher or laptop. Neither are worth the cost to repossess and sell, and a dishwasher may not even legally be able to be repossessed. Once installed, it may be considered a "fixture" of your home, and thus is part of the house.

They sent someone to your 341 meeting for the purpose of intimidating you into reaffirming the debt, continuing to make payments, or offering a settlement. They want your money--not your used stuff!

[despritfreya]

While I agree that B&A/Best Buy is unlikely to move forward with anything, I do need to caution you. . . The creditor IS secured by the purchases and household appliances are not fixtures (exception may be one of those large whoopie-do, very expensive built in refrigerators).

Your creditor does not have to file anything in the bk. If it really wants its property back, once the stay is lifted it is free to seek a writ of replevin in state court and, if granted, have a sheriff execute the writ. It is extremely unlikely that such will happen due to the expense in acquiring the writ but you need to understand that such is possible.

Des.