someone trying to collect on discharged debt

[giulveza]

What is the name of your state?What is the name of your state? CA

I filed for bankruptcy and my debts were discharged a few months back.

Since then I've received two letters from "Bass & Associates" law offices for their client Best Buy and the letters say this:

"We have been informed that your case has been discharged.
Please be advised that our client is secured by a purchase money security interest in consumer goods. If you intend to voluntarily surrender the collateral please provide the information requested below"

Then they have a blank line where you can list collateral and another asking for a daytime phone number.

This debt was listed with my other creditors and it was discharged.

Am I correct in assuming that this letter is basically saying "okay, your debt was discharged but if you want to be a nice guy and give anything back we'll take it"?

If my assumption is right, is what they're doing legal?

Thanks!

Dan

 

[InsulinRules]

First, was this debt listed as a secured debt?

Next what exactly do they think they are trying to recover? A claim on secured property post-BK is very possible, but the creditor should know what they are claiming.

 

[Ladynred]

Yes, basically they are saying that they want the stuff you bought to be returned to them. BestBuy and a few others do hold a security interest, but they are rarely listed as Secured debt. They don't show up at 341's and they don't file a proof of claim, they debt HAS been discharged.

I wouldn't give them back a damn thing, they're HOPING they can scare you and you'll just hand it over.. and I find it interesting they didin't itemize what they want back. I wouldn't even repsond to that letter. In order for them to take ANYTHING from you at this point is for them to file a Replevin action in court - and that will usually cost them a lot more than the current market value of anything you bought. They can't resell the stuff , who knows what they do with it. BB does this a lot, but I've not heard of too many people that said BB actually tried the Replevin to get the stuff back.

 

[giulveza]

InsulinRules and Ladynred,

Thanks so much for responding.

It was listed as an unsecured debt and while I don't have the BK paperwork handy I believe the amount of that perticular debt was only around $700 or so.

Thanks for the advice--I'll ignore the letters for now and see what (if anything) happens.

If they begin leaving messages on my answering machine about this is there anything I could/should do or just ignore those too?

Thanks,

Dan

 

[Ladynred]

I would just ignore them completely, unless they do file for Replevin in your local court. Its going to cost them money.. and it may not be worth it for them to do so, they'd rather harrass you and hope you'll be scared and give in.