I filed and got discharged for chapter 7 over 2 years ago, and just now I've been getting letters from Brass and Associates asking me to "voluntarily surrender" purchases ( letter is very vague , it doesn't say what they want back ) from my Best Buy credit card. They have also been calling every single day of the week from different numbers and leaving messages for the past month
I need an advice on what to do. The things I purchased on the card are all over 5-6 years old and most of them I don't even have anymore.
The card was listed as unsecured and They did not ask to reaffirm the debt and didn't show up on the meeting either. The letter I've been receiving is alway the same.. "we've 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 de information below".
Criminal Defense Attorney
Keep track of Bass and Cos actions. Make sure that they get copy of discharge and schedule F showing they were listed as unsecured non priority creditor. If they persist they are in violation of the bankruptcy discharge order and may be subject to sanctions.
My experience with Bass et al is there was a particular person assigned to the case and I would make sure to communicate only with that representative.
Good luck with your situation. You might be able to make some money on this if they don't abide by the law.
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So sorry you have this post discharge problem. It seems that the Best Buy debt should have been addressed before you received your discharge. Did Best Buy ask you to reaffirm the debt? Also your lawyer could have filed a motion to avoid Best Buy's lien against the goods you still have under section 522 f of the Bankruptcy Code. You really need to discuss this problem with the attorney that helped you with your bankruptcy case. If you did not have a lawyer, you should consult with one. If Best Buy is only seeking to recover the goods, the debt was not reaffirmed and the lien was not avoided, Best Buy may have the right to collect from you. Your first stop should be the lawyer that helped you with the chapter 7 case.
One key piece of missing information is whether this debt was listed in Schedule D or Schedule F, i.e. whether it was secured or unsecured. I agree with my colleague to not take Bass & Associates lightly. You should consult with a bankruptcy attorney in your area to see if this is a discharge violation and/or how to handle their calls moving forward.
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They are not necessarily in violation of Bankruptcy law if they are trying to recover their collateral (though I suspect they may be fishing for an offer of money to settle). I doubt you want to spend your time fishing for violations that are often not worth your time and effort to try to get a check down the road (with a lawyer getting a check too). I'll go out on a limb and say Bass will never, ever want to get the goods. The best way to end it is probably to send them notice under the FDCPA to no contact you further (get samples online) and mention your bankruptcy discharge (case no. and date of discharge) in the letter. It might be the last you hear of them. If not, post again and go from there.
Consumer Protection Attorney
You should contact an attorney who specializes in consumer law about this issue. Most will provide a free consultation and take many cases on a contingency basis. It is possible that their conduct is violating the Fair Debt Collection Practices Act. If you told them you don't have the items any more, and they are still calling, there is a decent argument that they are really trying to collect money from you, to which they are not entitled. You also do have the right to ask them to stop calling. Under the FDCPA you can sue for actual damages, statutory damages of up to $1,000 and attorney's fees.
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