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Springleaf demanding reaffirmation or surrender of household goods

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    #16
    You are not obligated to take the item to them. If they want it, they can come and get it. Just like if it was a car that they were repossessing.

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      #17
      this seems like over kill

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        #18
        I wouldn't worry about the electronics. They WILL sue you, but since you are going to file anyway, they will get exactly what they deserve.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #19
          My attorney notified Springleaf that I would not be reaffirming this loan and I would surrender the items.

          This morning springleaf calls me at work regarding the household goods i've chosen to surrender. She told me I needed to bring the items to them immediately and I responded that I was under no obligation to bring anything to them and they were welcome to arrange a time to pick up the "worthless" items. She tried to guilt me into bringing the items by saying "You came and got the loan... you can bring the items." I told her again she was welcome to make arrangements and she responded she was short staffed today, would speak with her attorney, and would call back to work something out monday. She finished up by stating that reaffirming would help improve my credit score while surrender may harm it.

          I think this was just an attempt to get me to reaffirm.. I'll continue to hold out..

          Thanks to all that responded.

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            #20
            You need to tell them that you are not allowed to take personal phone calls at work, and that they are only to contact you through your attorney, give the contact information and hang up. You also need to put this into a C and D letter, with courtesy copy to your attorney.
            "To go bravely forward is to invite a miracle."

            "Worry is the darkroom where negatives are formed."

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              #21
              I talked to my attorney and he told me to drop by and he'd be happy to answer any questions. So I spent the last 30 minutes or so with him. He's handling the work phone call thing but he expects they'll attempt to scare me into reaffirming at least once or twice more. He told me to stick to my guns and they'll probably fade away after another attempt when they see I have no intentions of reaffirming. Also, he said if they become "nasty" or "threatening" to call him immediately on his cell...

              30 days after 341 now.. with about 30 to go=)

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                #22
                I didn't think creditors could make calls like that after BK was filed?

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                  #23
                  Originally posted by basketsbears View Post
                  I didn't think creditors could make calls like that after BK was filed?
                  Secured creditors can call in order to negotiate reaffirmations or a surrender of the collateral. They just can't attempt to collect or employ process. There's a fine line, but if their calls/contact becomes more harassing than "informational" and negotiation over the collateral itself, then this could be construed as an attempt to collect the debt.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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                    #24
                    Used electronics (ie. JUNK) should be of no interest to them. They just want a re-affirmation so they can get their money back.
                    Filed Joint, No Asset, > $100,000 Unsecured Ch.7 6/7/13 ~~ 341 Meeting 7/15/13 ~~ Discharged 9/16/13 !!

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                      #25
                      Stay the course, hold your ground.
                      They WILL POUND SAND

                      Keep On Smilin'

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                        #26
                        Tell them the stuff will be on the front porch - and you'll wash it all off with the hose to make sure it is nice and clean.

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                          #27
                          Originally posted by justbroke View Post
                          Secured creditors can call in order to negotiate reaffirmations or a surrender of the collateral. They just can't attempt to collect or employ process. There's a fine line, but if their calls/contact becomes more harassing than "informational" and negotiation over the collateral itself, then this could be construed as an attempt to collect the debt.
                          'Hub's ex is having this problem with Springleaf. Her attorney so far hasn't done anything. Her 341 is tomorrow.
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

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                            #28
                            I think that MSbklawyer once posted that these bottom-feeding "legal" loan sharks would even list the family pet as an asset. They would then demand the turnover of the family pet when the loan went into default. I have no sympathy for that type of company.
                            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                            Status: (Auto) Discharged and Closed! 5/10
                            Visit My BKForum Blog: justbroke's Blog

                            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                            Comment


                              #29
                              Originally posted by justbroke View Post
                              I think that MSbklawyer once posted that these bottom-feeding "legal" loan sharks would even list the family pet as an asset. They would then demand the turnover of the family pet when the loan went into default. I have no sympathy for that type of company.
                              In that case I'd be listing some pet rats and snakes.
                              Oh... and sharks.

                              Keep On Smilin'

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                                #30
                                Yes Springleaf is part of American General Finance. Figures does it not? 'Hub
                                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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