Letter from Creditor..

[HHM]

All you have to do is call their bluff and "do nothing".

It would be odd indeed if they actually made an attempt to get the items back. From a collector's standpoint, their is no viable market for used consumer electronics.

My initial post was meant to clarify the fact that the creditor does not need to object to your listing the debt as unsecured in order to exercise their lien. However, the odds of them doing so are so very high. The only time I have ever seen it done was when there was true fraud, i.e. debtor bought $4,000 plasma screen and 2 months later, filed BK. The creditor got a court order to have the TV returned.

[Blue14]

I personally don't want to return any items unless I absolutely have too. I will call my attorneys office tomorrow and ask what to do about the letter. Yes, anything used (fancy CD player) seems almost not worth anything to them. It was purchased in Nov. or Dec 2007, we filed in April 2008 and dishcarged August 2008.

[Critty]

The lawfirm Bass And Assoc. is working on behalf of Best Buy. They get notifications from all BK courts if Best Buy has been listed as a creditor. Once the cases have been discharged, these generic letters are sent in hopes that some of us will return the call and work out some sort of pay plan to be able to keep the secured property. What makes this okay for them to do is that the terms of a Best Buy card list the items as secured interest (just like a car or home). However, they (Bass and Ass) don't actually know what you purchased. They just know the amount that was discharged. Even though the "debt" is discharged, Best Buy does have the right to the secured property. Probability is that they will not actually take the steps necessary to repo the items unless they were recently purchased and still have some relatively significant value. This process allows them an attempt to work out a deal with the debtor for items that they really do not want back. It would cost them a few hundred dollars in fees to reclaim their property without it being surrendered. Do not respond to the letter by mail or phone. 99% chance that nothing will come from it.