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Reaffirming Best Buy card ...one question!

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  • confident
    replied
    LOL! Thanks guys.

    Leave a comment:


  • tobee43
    replied
    Originally posted by LaurieM View Post
    lt would be very interesting to hear the reaction to "come get the animal" if you're not willing to settle up for what I'm offering you. It is a fact that some of these big box pet stores sell pets using a third party financer, many of which include that PMSI language in their credit applications.
    that's correct...and it doesn't hold a hill of beans in court...that's why best buy doesn't have a "USED ITEM" section in their stores...LOL!!!!

    on sale NOW....lauries old 3 year computer...come see her kids pictures...LOL!!!! i can see it now....

    maybe everyone should just give them what they want....they will have a sea of used electronics and no place to put or sell...them...OH...wait...there's always ebay and craigslist!! sorry i forgot!!

    Leave a comment:


  • SunkShip
    replied
    You want to keep the car so you pay, but you do not want to keep credit card debt so you do not pay. Reaffirming a cc debt is not likely save the card from closure. You will still owe the debt but not be able to use the card again.

    The $600 for preferential payments is cumulative, if you paid more than $600 in the last 3 months then you are over the limit and it is possible for the trustee to go after your creditor to recover that money. If you paid less you are safe there. (I had to list my 2 house payments, and both cars- even though they will not count as preferential as they are secured loans.)

    Don't bother to pay any more credit cards. They will not survive the bankruptcy. Best Buy just canceled my zero balance card last week, and I did not even include it in my paperwork. My husband's Best Buy card was included though- so they canceled my individual one too.

    I hope you included the Best Buy card in your filing because if not then it is possible to be are stuck with the debt and a closed account. You still have time to amend your schedule to include this card, I would ask the lawyer about it when you see him next.
    Last edited by SunkShip; 09-30-2010, 04:18 PM.

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  • tobee43
    replied
    Originally posted by confident View Post
    May I throw in a curve ball question, any and all opinions gratefully welcomed!

    -filed BK end of August this year, 341 meeting is next Wednesday;
    -received Best Buy Reaffirmation contract stating we have a balance of approx $2700, etc etc, if we don't either commit to a 36-mo pay plan or a lump sum, they can take stuff back; atty's staff waiting for our decision on whether or not to reaffirm.

    CINCHER: on our SOI it shows we Intend To Reaffirm Best Buy.

    QUESTION(S):
    1. can we safely decide to SURRENDER this account, given our SOI shows we intended to reaffirm?
    2. is it easier (for atty, for our case, for trustee to discharge us) to simply go with our SOI and reaffirm?
    3. may we simply decide on this after the 341 as it appears the trustee will ask if we intend to reaffirm this (as stated on that SOI!) anyway...? SIGH.

    The truth is in the back of my head we were advised against reaffirming anything, but since this is here now, of course the decision ultimately is ours; I cannot tell for sure how Best Buy was listed under Reaffirm on our SOI if our intention was to Surrender. I can only safely assume that we glossed over that page and just read the list of creditors for accuracy.

    Thank you for your thoughts...
    immediately ammend your filing....call your atty tomorrow and do not reaffirm.

    best buy is full of it...they can do nothing...honest...even if they fight they will not win.

    i know someone they showed up and wanted back tv's that were two years old....really...they backed right down. i don't know why or how they want to spend all this money on atty's to fight something that can't but they do.

    Leave a comment:


  • LaurieM
    replied
    lt would be very interesting to hear the reaction to "come get the animal" if you're not willing to settle up for what I'm offering you. It is a fact that some of these big box pet stores sell pets using a third party financer, many of which include that PMSI language in their credit applications.

    Leave a comment:


  • ccsjoe
    replied
    Originally posted by confident View Post
    a simple NO suffices.
    See my revision to your quote above.

    Leave a comment:


  • tobee43
    replied
    Originally posted by LaurieM View Post
    Best Buy is actually a secured credit card (as is Value City Furniture, ABC Warehouse, Dell, and just about every jewelry store's credit card. What you do not realize unless you read the fine print in the application is that you are agreeing to allow them to hold your purchases as collateral until the balance is paid. Bass & Associates adminsters these accounts during a bankruptcy process and undoubtedly they will contact your attorney to ascertain your intentions (reaffirm, surrender, or redeem).
    and they will LOSE in court.

    Leave a comment:


  • ccsjoe
    replied
    Originally posted by confident View Post
    ...please do.
    Well, if you purchased a TV, it fell when being mounted and, although it still works, the edge is chipped off. Or you wired the sound system wrong and only 30% of it works...hey, is it still under warranty? Y'all want this back? If you have pets or children, well, just let your imagination color the world....LOL

    Leave a comment:


  • ccsjoe
    replied
    Hi Laurie,

    Bass & Ass. is well known here as one of the most aggressive pursuers of PMSI (Purchase Money Security Interest) settlements. BB is but one of a multitude of store cards that has this type of clause in their contracts. As simply as can be stated, it is not worth their time, expenses and effort to actually come and repo the very used (and possibly damaged) goods. They will try to scare people into settling, and all that usually costs them is a couple letters and a call. It's all about the return on investment.

    Leave a comment:


  • confident
    replied
    Originally posted by LaurieM View Post
    Bass & Associates adminsters these accounts during a bankruptcy process and undoubtedly they will contact your attorney to ascertain your intentions (reaffirm, surrender, or redeem).
    Thank you Laurie, that was the company in fact that was mentioned to us w/this "reaffirmation contract". I am getting more confident in deciding to surrender.

    Does anyone have experience responding to the trustee (if she asks whether we are actually reaffirming this loan)? My initial thoughts are to say we decided to surrender now that we cannot afford the terms we are being offered (or a simple NO suffices?).

    Leave a comment:


  • confident
    replied
    Originally posted by ccsjoe View Post
    DO not reaffirm with BB, ask them to come and get the (now damaged) goods-I can expand on this if you'd like
    ...please do.

    Leave a comment:


  • LaurieM
    replied
    Best Buy is actually a secured credit card (as is Value City Furniture, ABC Warehouse, Dell, and just about every jewelry store's credit card. What you do not realize unless you read the fine print in the application is that you are agreeing to allow them to hold your purchases as collateral until the balance is paid. Bass & Associates adminsters these accounts during a bankruptcy process and undoubtedly they will contact your attorney to ascertain your intentions (reaffirm, surrender, or redeem).

    Leave a comment:


  • ccsjoe
    replied
    Originally posted by confident View Post
    QUESTION(S):
    1. can we safely decide to SURRENDER this account, given our SOI shows we intended to reaffirm?Yes, an SOI is just that, Intent
    2. is it easier (for atty, for our case, for trustee to discharge us) to simply go with our SOI and reaffirm?Makes no difference, less work actually if not reaffirming
    3. may we simply decide on this after the 341 as it appears the trustee will ask if we intend to reaffirm this (as stated on that SOI!) anyway...? SIGH.I'd be ready to give the trustee an answer IF they ask

    Please reread your last paragraph. I'll quote it for you:

    "The truth is in the back of my head we were advised against reaffirming anything,"
    DO not reaffirm with BB, ask them to come and get the (now damaged) goods-I can expand on this if you'd like

    Leave a comment:


  • confident
    replied
    May I throw in a curve ball question, any and all opinions gratefully welcomed!

    -filed BK end of August this year, 341 meeting is next Wednesday;
    -received Best Buy Reaffirmation contract stating we have a balance of approx $2700, etc etc, if we don't either commit to a 36-mo pay plan or a lump sum, they can take stuff back; atty's staff waiting for our decision on whether or not to reaffirm.

    CINCHER: on our SOI it shows we Intend To Reaffirm Best Buy.

    QUESTION(S):
    1. can we safely decide to SURRENDER this account, given our SOI shows we intended to reaffirm?
    2. is it easier (for atty, for our case, for trustee to discharge us) to simply go with our SOI and reaffirm?
    3. may we simply decide on this after the 341 as it appears the trustee will ask if we intend to reaffirm this (as stated on that SOI!) anyway...? SIGH.

    The truth is in the back of my head we were advised against reaffirming anything, but since this is here now, of course the decision ultimately is ours; I cannot tell for sure how Best Buy was listed under Reaffirm on our SOI if our intention was to Surrender. I can only safely assume that we glossed over that page and just read the list of creditors for accuracy.

    Thank you for your thoughts...

    Leave a comment:


  • backtoschool
    replied
    Originally posted by tobee43 View Post
    i had more cc's with zero balances THAN with actual balanced at the time of our bk...

    they caught on quickly and closed them all....in a ny minute!
    I totally agree with this. The vast majority of credit cards with zero balances will end up being closed as soon as the bk hits your credit reports. A few store cards that do not subscribe to the status updates that the credit reporting companies send to credit card companies might survive, but all major cards will be closed.

    Leave a comment:

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