After BK compusa wants 6yr computer back

[down @ out]

Really I am in the same boat as you just a different set of thugs.

Had a best buy card that was included in my bankrutpcy. The bankruptcy was filed under the old rules and discharged in february. Soon thereafter I received a letter from Bass Ass and associates.

Basically they were trolling to see if I could be suckered in to tell them what I had and to make arragements to return it to them. My first thought was to go to war, but I said to hell with it just see if I can wait them out.

Well 2 months after I got the first letter I got a second. Still no effort to contact me or go beyound the letters. One can see they want us to do all the work.

Think just laying low is not a bad strategy. Really if it gets serious then I will make this whole thing a mess for them. Replivin, etc.,


Good luck...

[alh]

The pretty much have to stick to letters for things like old computers as if they spend any money at all trying to collect, they lose money. Just ignore them for the most part. It is a very gray area if those letters are even legal.

[anonymuse]

I'd just love to give it to them in pieces & parts.

[Danielle1981]

I hope Dell calls me for the $2,800 computer I ordered in July 05, five months before I filed. I need a hobby, can't wait. That $2,800 computer is worth about $1,000 tops a year later on ebay. Then they better get a sheriff to deliver a replevin or what ever that thing is, and it better have all the serial numbers listed or there going to have to do it all over again. Oh and by the way, I am a busy guy, I will make myself available between 4am and 5am two days a week by appointment only, for the sheriff to pick up. Ohh the sheriff service that does this, isn't available then, okay my schedule changes in two months, call me then. That will cost them $500 in attorney fees and service fees the first time, and who knows the second.

As far as the old parts, don't put them back in. Tell them they can have them with a replevin. They are in a PAPER bag, in the garage, and can come get them quickly, cause the moisture is sure getting to them. Ohh and you need serial numbers on that replevin too for those parts or they can't have them.

HAHAHA!!!!! You're an @$$............OMG that is hillarious!!!! See I would never even think to say that!!!!!!!!!!!ROFL.............

[rangermom]

My case was discharged in October 2005 and two months ago a letter from Bass and Associates shows up requesting the name of the person to surrender collateral and a contact number. That letter was ignored and another letter shows up this week saying basically the same thing.

What's interesting is that this is for a credit card (Best Buy) that was in my ex-husband's name. I "won" the computer and tv in our divorce, so he no longer has these items.

I wonder how this would all play out legally if they decided to get nasty and come after these items?

[keepmine]

If {and it won't happen} they sued for the return of the items all he needs do is tell them he no longer has them per a divorce decree.

Some interesting case law on the subject.

In re Evans,
289 B.R. 813, Bankr.E.D.Va., Sep 09, 2002

On rule to show cause why bank and its counsel should not be held in contempt for violating discharge injunction, the Bankruptcy Court, Robert G. Mayer, J., held that: (1) where bank's replevin action was filed in face of clear evidence suggesting that debtor no longer had possession of leased property, replevin action would be treated as subterfuge to recover discharged prepetition debt, which exposed bank to sanctions for willfully violating discharge injunction; and (2) monetary awards that were entered against bank, for violating discharge injunction by trying to use replevin action as subterfuge to collect discharged prepetition debt, would be assessed jointly and severally against both bank and its counsel.
Judgment against bank and counsel.

As damages for bank's violation of discharge injunction, in using replevin action as subterfuge to attempt to recover discharged prepetition debt for sums owing under motor vehicle lease, debtor was entitled to compensatory damages in amount of $1,000, based on four days of wages he lost to attend hearings both in replevin action and in bankruptcy court, but was not entitled to award based on his alleged pain and suffering, due to lack of evidence to support such a claim or to permit court to quantify debtor's loss, or based on speculation that, but for adverse credit report traceable to replevin action, debtor allegedly would have obtained better paying job.

Although bank's violation of discharge injunction, in using replevin action as subterfuge to attempt to recover discharged prepetition debt, entitled debtor to reasonable attorney fees, fees would be reduced from the $41,117.51 sought to $24,954.00, due to excess time entries resulting from fact that debtor was represented by two attorneys in bankruptcy court, both of whom were present throughout trial.

Bank's violation of discharge injunction, in using replevin action as subterfuge to attempt to recover discharged prepetition debt, was sufficiently egregious to warrant award of punitive damages, in amount of $2,500, in order to vindicate orders of bankruptcy court and to act as deterrent to similar conduct in future, even though bank and its counsel were not shown to have engaged in similar misconduct in past.

Punitive damages are not restricted to cases involving multiple violations of discharge injunction.

Monetary awards that were entered against bank, for violating discharge injunction by trying to use replevin action as subterfuge to collect discharged prepetition debt, would be assessed jointly and severally against both bank and its counsel, where counsel was architect of this misconduct, having controlled replevin action and manner in which it was pled and prosecuted.

[dscurlock]

your funny...

I hope Dell calls me for the $2,800 computer I ordered in July 05, five months before I filed. I need a hobby, can't wait. That $2,800 computer is worth about $1,000 tops a year later on ebay. Then they better get a sheriff to deliver a replevin or what ever that thing is, and it better have all the serial numbers listed or there going to have to do it all over again. Oh and by the way, I am a busy guy, I will make myself available between 4am and 5am two days a week by appointment only, for the sheriff to pick up. Ohh the sheriff service that does this, isn't available then, okay my schedule changes in two months, call me then. That will cost them $500 in attorney fees and service fees the first time, and who knows the second.

As far as the old parts, don't put them back in. Tell them they can have them with a replevin. They are in a PAPER bag, in the garage, and can come get them quickly, cause the moisture is sure getting to them. Ohh and you need serial numbers on that replevin too for those parts or they can't have them.

my dad is an ex sheriff, he is still laughing at you... he said, you have that in reverse...if it comes down to a sheriff, they will come when they want to maybe at 1am, weather you like it or not, they will come with a warrant to pickup whatever they come for, and it will not cost them $500 in attorney fees, it will cost you, because they would be doing it legally...he also said, he may not know what hes talking about, hes only been a sheriff for 30 years,
and has served many, many, many warrants of all kinds... he served me a warrant one time, that belt hurt like hell too.

personally I bought a dell too under dell credit, its a old junker compared to whats out now, but it did cost $2500 at the time, you know dell has high prices anyway...I doubt the street value would even be $100, older computers are a dime a dozen...it would service no purchase to give your computer back...whatever the case, its not worth much...

have a great day.

[brokemommy]

Any updates on the latest on this computer, I am following this story.

[CindyLou]

tell them you don't have it...in writing and ask them not to contact you again. end of story