Bass and Associates - update and question

[keepmine]

Well, I would wholeheartedly encourage them to come pick up the washer/dryer. What happens if you agree to surrender the property and they continue to harass you for money, ignoring your submission to that demand? I'm glad I read this thread so at least I have a heads up and can get a strategy in place.

At that point, they've violtaed the permaent injunction that prohibits collection activity. Inform your attorney.

[keepmine]

Thanks! My attorney seemed quite enthusiastic about suing any creditor who violates the FCRA in anyway and has instructed us to rush right back should we have any issues with any of them.

I'll update to this thread if BB resurrects itself in our lives.

The FCRA has nothing to do with continued collection activity.
The FCRA come into play if there are reporting violations on your credit report.

[catleg]

des, do you remember how Sears got in trouble for this kind of activity back in the 90's?
I wonder what got these collection guys so interested in the case here.
Wouldn't they have to have filed a proof of claim for a secured debt in the bankruptcy case for any claim to survive?
To the OP: the debt has been extinguished as to you personally, their only claim is "in rem" against the property.
So one would think , collection activity on this issue is walking a fine line, like when lenders remind you post-BK7 that they still have rights to your home or car if you quit making payments.
Again, I'm just curious why they would have you singled out for this aggressive treatment. Perhaps you're unlucky enough to live near their offices?

[stevie2012]

Interesting topic...indeed. We will see how long it takes for Bass and Ass to contact me. I couldn't even believe a rep from there showed up at my 341.

[keepmine]

Searswas playing games with reaffirmation agreements.

http://www.ftc.gov/opa/1997/06/sears.shtm

[syd74]

Catleg, I don't think B & A is being aggressive. They contacted my atty once five months ago (when we were discharged) and once now. They probably just have a list of people they periodically contact to try to get $$ from.

[malf1204]

[QUOTE=despritfreya;606390]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.[QUOTE]

In my state anything that is "permanently attached to the house" is a fixture. So if that dishwasher has a screw or nail holding it in or it is plumbed in with other than hose that can be unscrewed it is a fixture. IF the refrigerator is connected with an ice-maker water line that cannot be unscrewed it is a fixture. Each state is different but a good rule of thumb is as follows:

Method of attachment. Is the item permanently affixed to the wall, ceiling or flooring by using nails, glue, cement, pipes, or screws? Even if you can easily remove it, the method used to attach it might make it a fixture. For example, ceiling lights, although attached by wires, can be removed, but the lights are a fixture.

Adaptability. If the item becomes an integral part of the home, it cannot be removed. For example, a floating laminate floor is a fixture, even though it is snapped together. One could argue that a built-in Sub Zero refrigerator is considered a fixture, although it can be unplugged, because it fits inside a specified space.