Secured debt AFTER discharge

[akcire]

Hi, guys

Alright, we were FINALLY discharged on April 6, 2006.
HOWEVER, we just got a call from Best Buys law claiming they we still owe them $1400! We included that debt in the petition that has been filed.
We did not know at the time that it was a secured debt. We paid off one of our secured debts, so that we can keep our furniture.
However, since the debt had already been discharged, secured or not, are we still liable for paying this?
The way the dischage papers are read, it states that any debt that has been discharged cannot be attempted to be collected.
The lawyer says they will work with us and we only have to pay half of it in the next four months.
But I am not sure that we are legally obligated to do so since our petition has already been discharged with that debt included.

Any advice would be useful.

[edwards2]

Did you have a lawyer? What did you buy from Best Buy? You must have something like a computer, etc., which makes the debt secured. I dont know why they didnt contact you sooner either. So the lawyer for Best Buy wants to cut a deal. He does know it was a debt that was discharged in the BK? I actually forgot to list several medical bills but our attorney said they were included anyway. One of them turned the bill over to a CA but once I told the supervisor at the CA what was going on; she apologized and said she would never call again...and she didnt. Keep us posted.

[Minnymouth]

If you have a secured debt that is discharged in bk, then in order to keep (computer, furniture, etc.) you either have to pay the debt or surrender whatever it was that you purchased from them....
If they are willing to accept half payment for it - then that is good if you want to keep it....
Just because the debt is discharged, does not mean you get to keep the merchandise. Since it is a "secured" debt you either have to pay for it or surrender it.

Minny

[akcire]

Thanks for the responses!
The only items that we still have from Best Buy is an old digital camera, maybe worth about $50 today, and a couple of movies. We don't mind giving these back at all. What happens if we don't have the rest of the items. We sold the stove & vacuum when we moved. Can they still make us pay for items that we don't have and pay a debt that has been discharged?

[SinkingFast]

We're in that situation, possibly, with Sears.

Right before we moved here, I had a new in counter range cooktop and wall unit oven installed in the kitchen to help sell the house. The old appliances still worked good, but showed their 20 years in age. New appliances gave the kitchen a very fresh look. Since we're trying to sell, we obviously aren't keeping the house, and since the appliances are there, we certainly don't have possession of them either.

But I charged the appliances on my Sears card. Which makes them potentially secured debt items.

I've brought this fact up to several attnys and got the same response. Even from our own attny, same response. If Sears asks for payment or the appliances, the attny will tell Sears where the appliances are and Sears can go get them.

Now my worry is,............ What happens if the house is Foreclosed and gone by the time Sears gets around to asking?? But the attnys say we would have done our part by telling them where they can get the goods. If Sears can't get the goods, then they are SOL is what we've been told.

[aa06a47]

If the debt is secured, like Minny said, you either have to produce the property to give to the people or settle the debt. I don't know what will happen if they come after it and it is "gone", "sold", or is attached to a house. If in SF's example, Sears shows a secured loan on a home appliance, then I would say they would have to stand in line with the first mortgage company. I am not sure what would happen if they came after a stove that you sold.