The lovely Bass & Assoc.

[banked]

Hi all,
Wondering if I can get your thoughts Ill try to make long story short. My husband was co-signor on sons suzuki credit card back in 2005. My son paid the bill. In 2010 we filed for Chapter 13 and HSBC closed my sons account and he could not pay on it then found out it was sent to B&A... anyways this was for my sons 4 wheeler which has since died... also a lawnmower? we think which has since died and my husbands 2007 4 wheeler. I guess this card was claimed as a secured debt on our 13 which we never knew of and no payments were made on it in our plan. Anyways 3 years later we are converting to a chapter 7 and B&A sent a letter to our attorney wanting the 4 wheelers or to re-affirm. We only have the 2007 wheeler (and Im sure they know about it cuz it is listed as an asset...) they say they want $6200 not gonna happen. Our attorney is trying to just blow them off and says she knows nothing about them being a secured asset etc.
Wondering thoughts? Our 341 is Feb 26 guessing they might show up?

[Jongo]

They are entitled to the asset if it exists and is secured by a lien. No need to pay them anything - let them come and get it if they wish. Otherwise, if no lien on the title, then the debt will likely be forgiven in the Ch 7. If it is, they will have to get a Writ of Replevin or some other relief from the judge to come get the 4-wheeler.

Assuming that the 4-wheeler is covered under your exemptions, of course. Otherwise it is time to park it out front and tell them to come and get it.

[LadyInTheRed]

Many bkforum members have posted about threats by B&A to repossess collateral. I have yet to read of them actually doing it.

[banked]

Hi all,
Things have been going well since discharge except for the Bass& ASS loosers.
still getting phone calls from these asses..... Wondering if i should answer their calls? Im just confused what to do with these loosers and hated our experience with our lawyer so do not want to call/deal with them. I just dont think we owe them anything!! they had to options to show at our 341 both the 13 and then conversion to 7 and never heard from them. we made all our other payments to "secured" parties during our 13 and actually kept paying on our camper after our 7 was discharged. Never heard from these guys til (that i knew about) we converted to 7 and then they wanted the 6200 some dollars or pick up collateral(4 wheeler was put in bankruptcy papers and 2500$ value) which our lawyer obviously just blew off? I found the paper when looking back thru our bankruptcy papers. What would anyone else do?

[AngelinaCat]

Since you have been discharged, and at no time did they make a motion to have the automatic stay lifted in order to repossess the items, I would send them a C & D letter, along with a copy of your Discharge Order to them, telling them that they are in violation of the Permanent Automatic Stay. They are to leave you alone and NOT contact you, period. Send courtesy copies to your attorney and trustee and judge. Repeat as necessary as they sell this debt to Junk Debt Buyers (JDB). Do not answer the phone; do not talk to them at all. That is what the snail mail is for. BTW, send those letters certified with return receipt, where the recipient has to sign for it,

[AngelinaCat]

Another thought on NOT talking to them on the phone: those calls are recorded, and if someone on their end of the line maneuvers you into saying something affirmative--"is the weather there nice today?" and you say "yes", --they can 'doctor' that recording into it making it appear as though you are acknowledging that you owe that debt, and that resets the clock on the Statute of Limitations. This is how 'Zombie Debt' works

[LadyInTheRed]

Calling to try to collect their collateral is not a violation of the permanent injunction. They do need to be careful about what they say to you to avoid crossing the line between try to collect collateral and trying to collect the discharged debt. They could ask if you would like to buy the collateral without violating the injunction. But, if they threaten to sue you (other than to get a writ of replevin for the return of the property) if you don't send them money, then they are in violation.

I would answer the phone and find out what they are trying to accomplish. If they want the collateral, ask them to identify it. If you have it, tell them to come and get it.

There is nothing you can say to change the fact that the debt is discharged, regardless of how they may doctor the recording.

[AngelinaCat]

I still would be extremely leery of talking to anyone on the phone. It is too easy to get flustered, especially when they are calling you all the time, and you are already distressed by that. Handle everything by snail mail. And if you can block the phone number, do so. Or as Keepsmiling says, "Use Google Voice".

You also have the right to tell them--in writing--to only contact you by mail.

Just my opinion.