Chapter 7 1 year later! HRS question


T

Tim

I first want to thank the board for helping me through my Chapter 7.
It has been discharged for a little over a year to date, and life is
great. Stress is now only caused by my 3 teen boys and work.

Claimed in the BK was a furniture store purchase held by our beloved
HRS. They tried to offer a laughable settlement prior to the 341. I
countered (they wanted 80%, I offered 10%) and they refused. I said
come and get the couch and chair. Now, a year later I get a letter
(the first, but it says **second request**) from Bass & Associates
stating there client (HRS) has a secured interest in the "collateral"
and asking me to provide them with contact information if I want to
voluntarily surrender the items. I doubt they will want the couch
that my greyhound and bulldog have claimed, but I have to ask these
questions.
Has anyone had a request like this and did the requestor act upon it?
Can they let me store these items for a year and then recover them?
Can I charge for that storage?
Should I ask for proof of the claim?
Should I play with them as much as I can for personal satisfaction?
Even if they eventually come and get the items. I love making rapists
miserable.
Any thought or comments are appreciated.
Thanks!
 
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T

ted lance

Why would you "play with them" at all? You did tell them to come and get
the items. If you want to keep the stuff, call them and offer whatever you
think is a reasonable price. If they don't take it, then give them their
collateral and get on with your life.
 
S

SRS

(e-mail address removed) (Tim) wrote in

(snip)
Claimed in the BK was a furniture store purchase held by our beloved
HRS. They tried to offer a laughable settlement prior to the 341. I
countered (they wanted 80%, I offered 10%) and they refused. I said
come and get the couch and chair. Now, a year later I get a letter
(the first, but it says **second request**) from Bass & Associates
stating there client (HRS) has a secured interest in the "collateral"
and asking me to provide them with contact information if I want to
voluntarily surrender the items. I doubt they will want the couch
that my greyhound and bulldog have claimed, but I have to ask these
questions.
Has anyone had a request like this and did the requestor act upon it?
Yes.

Can they let me store these items for a year and then recover them?
Yes, but it seems unlikely that they actually will.
Can I charge for that storage?
Probably not.
Should I ask for proof of the claim?
I would ignore them and not communicate with them at all.
Should I play with them as much as I can for personal satisfaction?
Waste of your time.
Even if they eventually come and get the items. I love making rapists
miserable.
Laudible, but probably not the best time investment in the world.

My guess is that the collection agency bought this account for a dime on
the dollar or less, so if they can extract even a little from you, they are
ahead of the game.

If you think about it, they have to file a civil lawsuit for replevin (it'd
cost $140 aroud here), hire a lawyer (at least $500), go to court, waste
how many days/weeks?, to recover a couch that is only worth _maybe_ $50 (if
there's $49.99 in loose change in the cushions...)

Someone once said one does not get rich by writing a lot of checks ;-)

I'd file their letter in "bucket number six"

S
(NOT a lawyer, but I work in a law firm that does a bunch of bankruptcy,
and I see _lots_ of things)
 
J

Jack

I first want to thank the board for helping me through my Chapter 7.
It has been discharged for a little over a year to date, and life is
great. Stress is now only caused by my 3 teen boys and work.

Claimed in the BK was a furniture store purchase held by our beloved
HRS. They tried to offer a laughable settlement prior to the 341. I
countered (they wanted 80%, I offered 10%) and they refused. I said
come and get the couch and chair. Now, a year later I get a letter
(the first, but it says **second request**) from Bass & Associates
stating there client (HRS) has a secured interest in the "collateral"
and asking me to provide them with contact information if I want to
voluntarily surrender the items. I doubt they will want the couch
that my greyhound and bulldog have claimed, but I have to ask these
questions.
Has anyone had a request like this and did the requestor act upon it?
Can they let me store these items for a year and then recover them?
Can I charge for that storage?
Should I ask for proof of the claim?
Should I play with them as much as I can for personal satisfaction?
Even if they eventually come and get the items. I love making rapists
miserable.
Any thought or comments are appreciated.
Thanks!

Let me begin by saying, IANAL, but I can see this three possible ways:
First, they're trying to collect a debt that has been discharged in
Ch. 7. If that's the case, you can sue them for violating the FDCPA.
Second, if they do actually have a claim to the merchandise, you can
make it exremely difficult for them to get it, and have some fun in
the process. Third (I think this is most likely) unless the creditor
filed a Replevin Action (I think that's what they file to recover
computers, furniture, and other consumer goods) during the
bankruptcy--if they did, you or your lawyer should have a record of it
with your Ch. 7 documents--they lost any secured claim they had to the
merchandise, so you can tell 'em to get bent.
 
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D

Dave the wave

Jack:
Maybe this furniture company is a rip-off. maybe not. If you have something
of theirs you didn't (or couldn't pay for) give it back. Take the higher
road and do whatever would be honest for your own conscience safe. You
playing games with them only causes you to stoop to their level. You never
know when an act of good faith will later on in life buy you much more than
this used couch. If you would like to keep the couch, offer them something
for the balance. Determine ahead of time what your idea of a reasonable
price is. If the refuse, tell them the couch will be waiting by the street.
Come get it.

Then go to your local Red Cross or Thrift store. You might be pleasantly
surprised at what you find there. I found a Joseph A. Bank suit pants and
jacket for $5.00!!! I bet it originally sold for $200.00, and it was as good
as new. Also, you can troll the yard sales and moving sales.

For me, a clear conscience is very valuable, much more than the fleeting
feeling of getting revenge.

I hope my comments help and don't come off like I'm Jimmy Swaggert. Doing
the right thing is good for the soul!
 

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