Letter from Creditor..

[Blue14]

We just received a letter in the mail from a creditor dated 8/17/08 and we were discharged CH7 on 8/11/08.

Dealer: Best Buy Co.

We have been informed that your case has been discharged. Please be advised that our client is secured by a purchase money security interest in consumer goods. If you intend to voluntarily surrender the collateral please provide the information requested below: .............

What is this? Are they going to come and get there item(s)? This is the first letter that we have received saying anything like this. We aren't going to voluntarily surrender anything if we don't have too.

Please help again....Thanks.

[MomIcantFindmy]

Was your "item" noted in your bankruptcy paperwork as a secured debt? If it was not and was listed as an unsecured debt then they will have an awful hard time collecting it. Need more information to really fully answer your question.

[Blue14]

Was your "item" noted in your bankruptcy paperwork as a secured debt? If it was not and was listed as an unsecured debt then they will have an awful hard time collecting it. Need more information to really fully answer your question.

Yes it was noted in our BK paperwork as Unsecured Debt on Credit Card with a balance of $1834.00

[krielly]

I would think that if they did not object to the petition listing it as an unsecured debt, that they wouldn't have a leg to stand on.

It seems as though they would have to file a motion to reopen your case in order to reverse that, and it seems doubtful they would, given the fact that it would probably cost them more than they could recover from reposession.

I'm not an attorney, this is JMHO........

[mgmadara]

We filed old law were discharged in Feb. 2006. Shortly after discharge we received the same letter from Bass & Associates, representing Best Buy. They don't want your things, they are trying to get you to call them and offer them a cash settlement. We received 2 letters from them and 2 or 3 phone calls over a 2 month period, ignored them all, and they went away.

[wtu]

Was it a store best buy card? I think the agreement with store cards (Sears, Circuit City, Best Buy, etc) is that they can recover collateral for things you charged on those cards.

[JRScott]

Basically they want some money for the goods.

If the items were listed as unsecured in the petition and they did not protest it the debt was discharged.

I'd ignore it or take it to your lawyer and see what he says.

[Critty]

I just recently received the same generic letter. At first I panicked, not sure why, lol. I did some googling to make sure this was a legitimate company because I don't put it past anybody to take advantage of people when they are down, especially since we filed pro se. I had to go back and look at my Best Buy credit terms. I listed them as an unsecured creditor because I thought they were. My case discharged without a single hiccup. They (Bass and Ass) have filed a claim with the court because the trustee has a whopping $2100 to dispurse. What I find interesting is that Bass and Ass filed as an unsecured creditor. Can they file a claim as an unsecured and then turn around and take the property as a secured? I understand that the secured item outlives the discharge but can they double dip?

Don't get me wrong. I realize that I didn't completely pay off my debt with them but I paid a good portion before we had to file. The item in question is our TV which will be 3 years old this fall. In my research it was suggested many times to ignore and they would go away because it would cost them to much money to actual take you to court to repo the property. I certainly won't be contacting them to "voluntarily surrender" anything. Form what I understand, their wording is what gets them around the fact that the debt is discharged and, hence,they are not supposed to contact you for payment.

[Blue14]

This letter was from Bass and Assoc. regarding Best Buy. All of our credit cards were listed in our BK paperwork as unsecured debt. I may call the attorneys office next week and ask them can Best Buy get there item(s) back. If not then I'm not going to surrender anything if I don't have to. Not one creditor showed up at our 341 meeting and we were discharged with Ch7 no asset case.

[HHM]

Ok, some bad advice advice is floating on this thread...it does not matter how you "listed" the debt. They have a lien and it is valid regardless if they objected to how you categorized the debt.

However, this letter is just a bluff.

[Blue14]

Ok, some bad advice advice is floating on this thread...it does not matter how you "listed" the debt. They have a lien and it is valid regardless if they objected to how you categorized the debt.

However, this letter is just a bluff.

Okay, so will they try to get their item(s) back? Will they take me to court over this? Should I really be concerned about this letter. I can contact my attorney's office on Tuesday regarding this letter and see what they say. Has anyone been in this situation and Best Buy fights for there item(s)?

[epiphany]

Okay, so will they try to get their item(s) back? Will they take me to court over this? Should I really be concerned about this letter. I can contact my attorney's office on Tuesday regarding this letter and see what they say. Has anyone been in this situation and Best Buy fights for there item(s)?

Do some searches on this forum. I swear I have read the exact same thing from Best Buy to other posters who said "okay, come and get em". They never did.

PS--I bk'd Best Buy too and if they want my obsolete laptop and my filthy toaster oven, I will gladly turn them over and laugh at them at the same time.

They are not, however, putting a paw on my pink Hello Kitty CD player. That is where I draw the line.

ep

[JRScott]

Ok, some bad advice advice is floating on this thread...it does not matter how you "listed" the debt. They have a lien and it is valid regardless if they objected to how you categorized the debt.

However, this letter is just a bluff.

Basically true .

In truth they do have a lien, but the property is most likely worth less than the lien. This is especially true in electronics and furniture.

Most likely they'll send 2 to 3 letters, maybe call a few times then likely so long as the property isn't worth their time they'll give up.

That's why I mentioned taking it to your lawyer. You could also though reply and tell them to come pick up the stuff. Most likely you'd never hear from them.

[No Gravy]

They are not, however, putting a paw on my pink Hello Kitty CD player. That is where I draw the line.

Take a stand! Fight for your rights!

[No Gravy]

We just received a letter in the mail from a creditor dated 8/17/08 and we were discharged CH7 on 8/11/08.

Dealer: Best Buy Co.

We have been informed that your case has been discharged. Please be advised that our client is secured by a purchase money security interest in consumer goods. If you intend to voluntarily surrender the collateral please provide the information requested below: .............

What is this? Are they going to come and get there item(s)? This is the first letter that we have received saying anything like this. We aren't going to voluntarily surrender anything if we don't have too.

Please help again....Thanks.

I would definitely let your lawyer know about this, and let him/her handle it. That's what you're paying for.

I understand plenty of people have received these letters after a discharge, it still doesn't seem right or legal to me, considering the case has been discharged and the BK granted. Then again, just because something's illegal doesn't mean a company won't do it. I'm finding this out myself, with Capital One refusing to honor a cease & desist.