Help Badcock wants items back, some I no longer have

[jeff6898]

Well my chapter 7 BK was discharged 5/17/12 BAdcock called today and said they want their items back and am sending someone over to pick up the following. Do they need to go through legal matters first? What do I do about the items I don't have? I told them the mattress is messed up, they said they are taking it anyway.

Television sold a while ago when I was in a bind
Mattress
microwave
portable dvd player (no longer have)
vacuum

[keepmine]

I think they're bluffing.
Depending on your state law, they may well need to file a writ of replevin to pick up anything.
Were I you, I'd contact my lawyer and have him send a leter stating some items are no longer in your possession and to leave you alone.

[btbeme]

I think they're bluffing.
Depending on your state law, they may well need to file a writ of replevin to pick up anything.
Were I you, I'd contact my lawyer and have him send a leter stating some items are no longer in your possession and to leave you alone.

Or just ignore them. Until they show up to take it - with a writ of replevin - it is just wind.

[keepsmiling]

We will all be very surprised if they pay somebody to pick up the 25$ worth of stuff you have there. Call their bluff and don't worry about it.
Don't make yourself too available, just in case.

[alaskathryn]

Bankruptcy has discharged so they've missed their opportunity to object to anything; I'd go with everyone else and call their bluff. If they want the items they can get a writ of replevin and do so that way.

[hmsmith]

Are they allowed to call you like that after you've been discharged? Did you or your lawyer ever receive anything from them before the discharge asking about these items? I didnt think they could contact you....I realize that they can show up with writ of replevin and pick up items but I wouldn't think they'd bother calling first....and what else would they hope to gain by calling, it's not like your going to volunteer money? It just seems odd.

[LadyInTheRed]

Are they allowed to call you like that after you've been discharged? Did you or your lawyer ever receive anything from them before the discharge asking about these items? I didnt think they could contact you....I realize that they can show up with writ of replevin and pick up items but I wouldn't think they'd bother calling first....and what else would they hope to gain by calling, it's not like your going to volunteer money? It just seems odd.

My understanding is that they can call to make arrangements for the voluntary turn over of the property without violating the BK Court's injunction against attempting to collect a discharged debt. They probably do hope the OP will offer cash instead.

[jeff6898]

I told them I did not have all the items they wanted back and I would not volunteer to give back the rest of the items. They told me they would sue me. I let my lawyer know and he said to have them call him for now on.

[hmsmith]

How can they sue you if that debt has been discharged and they didn't object before your discharge? Maybe they mean to sue just to pick up the items?

[JessMN]

Yes, have your lawyer handle it - he can tell them to come get the stuff - that's what I did - and no one ever showed up. The one place that wanted something back I dint have, (ex had pawned it without my knowledge) I told them he pawned it, most likely at a certain shop, and they were welcome to go get it.

[keepsmiling]

Make sure your atty is not going to charge you for this!
99.9% bs on BADcock's part.

[frogger]

99.9% bs on BADcock's part.

Probably not Badcock's doings per say.

The Badcock business model is a "dealer owned" store in which the dealer (owner) is pretty much an independent business, with Badcock doing the branding and supplying the product.

How repossession is handled would depend on the dealer, not Badcock corporate.

[jeff6898]

Well I see they filed a Writ of Replevin against me for the items. I have no idea what to do about the items I do not have. My lawyer was no help when I asked. He said I probably have to pay them full value for the missing itrems. This is just great.

[nohoneymoney]

I don't have any experience with a company coming to get their stuff. They do have the right to collect it just like a car dealer can get their car back in a BK if you haven't paid it off. As for the items missing or lost, I would think that you owe them the current or remaining value but I am not sure. They have a right to the stuff but not the debt as the debt was discharged. Having to pay full value doesn't ring true with me as it seems like collecting a debt. If your lawyer is no help, search this website for information and if that doesn't work, try the internet. You cannot be the first person to go through this, Badcock or other companies, and I would think that some of them would want to talk about it on blog or forum. You will just have to hunt for it. Best of luck

[keepsmiling]

Have they actually set up an appointment to come get their stuff?
Make sure you make one at YOUR convenience.
What do you suppose full value is on a used mattress? I think it's illegal to even sell them.
You might want to mention something about bedbugs at the next phone call