Best Buy/Bass & Writ of Replevin

[yoyoma51]

I know there have been several post about this, but my situation may be a little different. Please share your thoughts.

Question:

Has anyone here actually been sued for a "Writ of Replevin" by Bass & Associates/Best Buy/HSBC?


Backround:

Before I lost my job (because our corp. closed and was dissolved) and we filed for Chapter 7, we made purchases on a Best Buy card for several items over the past couple of years. We filed on 11/27/07 and the last purchases were at the beginning of 7/07 for a TV and Vacuum. Our current balance is about $2900. We did make a few payments before we we filed Chapter 7. The were listed as "unsecured" in our filing, although I now understand they are technically "secured" by the terms in our credit card agreement.

Bass & Associates, representing HSBC and Best Buy, have filed the notice with the BK court to be served with notices of our case. No Notice of Appearance, however.

Will they really screw around for $2900? I assume we should not sign a reaffirmation with them as that would force us to pay it all back.

Thanks in advance for your thoughts.

[HHM]

It's possible given how recent the purchase was relative to your BK.

Bass and Assoc. talk a big game, but rarely follow through...so you do not want to sign a reaffirmation. But given that you made a major purchase only 4 months prior to filing BK, you stand at least a 50/50 shot that you may be one of the few debtors that they actually request a return of the property.

But in any event, the ball is in their court. If they want it back, make them file the appropriate motions, etc.

[rrockinggramma]

The notices they filed for means they just want to know what is going on in your case, especially if assets are found so they can be first in line to file their claim. The writ of replevin is pretty expensive to execute after discharge and so many creditors just write the loss off.

[LadynRed]

Bass and Associates do a lot of sword rattling, but, as stated, they rarely follow thru. The fact is, in most cases, it costs far more to go thru a Replevin action than what they'd actually recover and they can NOT make YOU pay for any of it. Bass's tactics are to harass, harass, harass, hoping they'll scare you and wear you down enough that you'll throw money at them to make them go away.

If the purchases were made more than 90 days prior to your filing, they may not have a case at all IF they bring it up as an adversary proceeding.

[HHM]

Bass and Associates do a lot of sword rattling, but, as stated, they rarely follow thru. The fact is, in most cases, it costs far more to go thru a Replevin action than what they'd actually recover and they can NOT make YOU pay for any of it. Bass's tactics are to harass, harass, harass, hoping they'll scare you and wear you down enough that you'll throw money at them to make them go away.

If the purchases were made more than 90 days prior to your filing, they may not have a case at all IF they bring it up as an adversary proceeding.

They HAVE a case because the debt is secured...the lien survives. But when it comes to security interest in consumer goods, there is no value for the creditor to recover in doing a repo of those goods. The question is not one of "legal" right, its a question of practicality and value.

[needafreshstart]

I'm glad i saw this posting when I did. I filed bk with a $2300 balance on furniture row (HSBC) for some furnture. Bass & Assoc. sent a reaffirmation agreement offering to reaffirm $1000 (20 payments of $50, no interest). I have been back and forth on whether to sign the reaffirmation or not, now I think I will not. If they want to go to court then I am fine with letting them have it.

[CPO]

I know there have been several post about this, but my situation may be a little different. Please share your thoughts.

Question:

Has anyone here actually been sued for a "Writ of Replevin" by Bass & Associates/Best Buy/HSBC?


Backround:

Before I lost my job (because our corp. closed and was dissolved) and we filed for Chapter 7, we made purchases on a Best Buy card for several items over the past couple of years. We filed on 11/27/07 and the last purchases were at the beginning of 7/07 for a TV and Vacuum. Our current balance is about $2900. We did make a few payments before we we filed Chapter 7. The were listed as "unsecured" in our filing, although I now understand they are technically "secured" by the terms in our credit card agreement.

Bass & Associates, representing HSBC and Best Buy, have filed the notice with the BK court to be served with notices of our case. No Notice of Appearance, however.

Will they really screw around for $2900? I assume we should not sign a reaffirmation with them as that would force us to pay it all back.

Thanks in advance for your thoughts.

I'm post discharge and have the letter from "Ass and Ass, a moron corporation..."

If they want the $1200.00 (retail prices) in home electronic junk I purchased from WorstBuy, they can work for it...

Come and get it AFTER they prove to the court each piece I have in my possession by description, serial number, price and purchase date and the sheriff compells me to surrender what I have.....

Currently, I use the stuff for target practice and to gauge the sprinkler pattern on my lawn...

It will be waiting for them curbside, wet and full of holes...

I'm still hoping that Ass and Ass will slip up and I can nail them for another FDCPA violation.....

Apparently, asking me if I intend to voluntarily surrender the "goods" is not debt collection (so my FDCPA attorney says, as nobody has won that case yet) ...

Damn....

We shall see.

CPO