Circuit City filed Replevin

[fellowpoorman]

kcj...Make them come get it, make them spend the $$, I don't know your situation so I will not juge, but FYI Fedler is well known whiner on this site, he has other names he uses too. Good luck

[kcj]

So you didn't pay for the TV, but you think you deserve to keep it. What planet do you live on? I'd like to live there too so I can finally have that dream house, BMW, state-of-the-art home theater, and all the other things I've dreamed of.

Give the TV back. You didn't pay for it. You don't want to pay for it. You can buy a new one cheaper. Although since you're supposedly bankrupt, where do you have $2,200 hiding that the trustee doesn't know about? Sounds like fraud to me.

Anygry much? I don't have a dream house, state of the art home theater, or a BMW.

Not that it is any of your business, but I don't have $2200 hiding somewhere. I do however have a tax refund that the trustee doesn't care about.

What sane person would pay over $3k for a television that they can purchase new for 1/3 less? They had the opportunity to come to the 341 and they didn't. There is nothing wrong, fraudulent, or illegal about me trying to work out a deal to avoid losing the television. And lucky for you, there is nothing fraudulent or illegal about being a jackass. HTH.

[fellowpoorman]

Ha Ha Ha, He deserves that

[gacreditguy]

Anygry much? I don't have a dream house, state of the art home theater, or a BMW.

Not that it is any of your business, but I don't have $2200 hiding somewhere. I do however have a tax refund that the trustee doesn't care about.

What sane person would pay over $3k for a television that they can purchase new for 1/3 less? They had the opportunity to come to the 341 and they didn't. There is nothing wrong, fraudulent, or illegal about me trying to work out a deal to avoid losing the television. And lucky for you, there is nothing fraudulent or illegal about being a jackass. HTH.

Totally agree with you.. Don't you just love it when people ASSUME?

You gotta let the attitudes of some posters go where they should, straight into the trash!!!

OP, You do what you need to do.. The way I see it, you followed the rules and that all that needs to be said about that...

[YRUSODUMB]

Anygry much? I don't have a dream house, state of the art home theater, or a BMW.

Not that it is any of your business, but I don't have $2200 hiding somewhere. I do however have a tax refund that the trustee doesn't care about.

What sane person would pay over $3k for a television that they can purchase new for 1/3 less? They had the opportunity to come to the 341 and they didn't. There is nothing wrong, fraudulent, or illegal about me trying to work out a deal to avoid losing the television. And lucky for you, there is nothing fraudulent or illegal about being a jackass. HTH.

Wrong, partner, why would the trustee not care about a tax refund. Post your case number and lets call him and ask. You're a opportunist seeking approval to get something for nothing, in a anonymous forum.

[kcj]

Partner? You wish. Too bad you are taking a forced break from posting, you seem to be such a ray of sunshine.

[SinkingFast]

Wrong, partner, why would the trustee not care about a tax refund. Post your case number and lets call him and ask. You're a opportunist seeking approval to get something for nothing, in a anonymous forum.

This little statement shows all you know about BK.

First we have to go thru the gut wrenching decision that we cannot meet our duties and obligations, financially. Many of us, after we've spent every penny in savings. Not just regular savings. Retirement savings as well. Just hoping that things will turn around. That life will get better. That we'll be able to dig our way out of the hole.

Then we have to seek out a Legally sanctioned refuge that brings us nothing but grief and embarassment.

The Creditors are given an opportunity to take a shot at us. To file Motions. To object. From the time the Creditors get notified, until 60 days after the 341 Meeting. In this case, Circuit City did none of the above.

Now, after KCJ has jumped thru all the legal hoops required, and finally getting his/her fresh start in life, Circuit City climbs out from whatever rock they were hiding under.

For what??!! To get a used TV??!! Nope. It's simply to harass KCJ. Just because legally they can.

Glad you're on a forced sebatical, Dummie! You deserve it!

[kcj]

Thanks
You put more effort into that than I could muster. Ciruit City sure has taken their sweet time. We were discharged last December.

[fellowpoorman]

Did Fedler change his name again?

[Credit Hater]

We didn't put a value on it. It was included in our household furnishings total. I doubt the resale value is as high as the $3100 they quoted, since a new one can be had for $2200. I guess I need to research what a 2 yr old one goes for and make them an offer. They would still incur the costs of coming to get it and selling it, so I'm guessing they will accept a reasonable offer.

If this is debt that has already been discharged then how do they have anything to stand on? Even then, whose to say the tv didn't mess up and its been trashed? I know I probably shouldn't say that, but anyway, i would tell them to stick it where the sun doesn't shine since the debt has been discharged. A buddy of mine had one, it stop displaying a picture and he couldn't replce it, so he trashed it ;)

[BassBoy]

From my experience with household furnishings that were bought on store credit (living room furniture), paid the bill every month for about year, had about a $2200 balance when we filed BK and had that balance discharged, our attorney said if we hadn't heard from that creditor within few weeks after our discharge, then we could keep the items. Just my situation though. Every situation is different.

DO what you can to try and keep the item(s), but in the end you have do have to give it up, then I guess that's what happens. Although, it will be a major bummer if you do have to give it up in the end.

[kcj]

The Result!

Just bumping this up to let y'all know the result.

We got in touch with CC attorney. Offered to settle, and made an initial offer of $500. The countered with $2300. We went up to $1000 and said that was our final offer. They came back with $1700 and we said thanks but no thanks.

In the meantime I talked to my attorney and he agreed that $1000 should be the most we would offer. He also assured me that CC could not come back after us for any deficiency judgement. Perhaps for their filing fees, but since that wasn't in their original filing they would have to spend the $ to file to get them. Not really worth their time.

Anyhow, they appeared in small claims via teleconference (I guess our SC court allows attorneys this privilige). I wasn't there, so this is the report from my DH. Judge took a look at the paperwork and agreed that CC would be crazy not to settle for the $1000. We told CC that the offer still stands, they told the judge that we were close to settling and all agreed to give it 10 days. Judge made sure CC understood that their recouse was either to settle or take the television, and they had no case for any deficiency judgement or collection of fees. (I am getting differing opinions on the fee part, so don't use that as gospel)

DH mentioned during the call that we made our offers based on an Orion report (orionbluebook.com). They offer pricing for used electronics. For our specific television, they gave $1340 retail, $825 high wholesale, $525 low wholesale. We offered to send them the report and they accepted.

I emailed the report to the attorney, she took it to CC, and we received a call from them yesterday accepting our $1000 offer. They are going to send us paperwork to sign and return with the check, and it's a done deal.

CC attorney gave up a bit of information. (My DH has that effect on people) They are pursuing these cases because they feel people are buying from them knowing that they plan to file BK within a few months. (I think those particular people need to be a bit smarter and make sure they use their CC card to buy things at Best Buy. ) They are winning a lot of these case just because people fail to show up at court, so CC automatically wins.

In retrospect, maybe we should have offered up the Orion report earlier. But we were playing the same game they were - hoping the other party wouldn't show up for the court date. DH also thinks maybe we could have settled with them for a couple hundred dollars less based on that report, but at least we are done with it and can move on.