anon99
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Sub: #17
Replied on 02-20-2011, 09:14 AM
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No you do not. You tell them you no longer have the mdse. They can not come after you after the discharge for any money or mdse. Send them a certified letter that the mdse is gone and has been for some time. They had their chance at the meetings to ask for the mdse back and missed their chance. No clue why your attorney would tell you that, its incorrect. They have to ask for or make arrangements at the 341 meeting or BEFORE the discharge. Send them the letter CMRRR for your records




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Send message to goldenbast
Sub: #18
Replied on 02-20-2011, 10:03 PM
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I find it strange that a BK lawyer would even suggest that they have to 'take care of this'. That was what the hearing was for!

Heh what if some CA decided they wanted the implants back from some woman who had a boob job....what, they going to come out the house to repossess those?

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Sub: #19
Replied on 03-12-2011, 01:37 PM
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When individuals sign up for a credit card with a merchant such as Best Buy they sign a security agreement that states in the event they default on the terms of the credit card agreement or file for bankruptcy a lien is placed on the property (the merchandise) they purchased from the store. This gives the creditor the validity to recover the money that has not been paid for as a result of the default. Most credit card companies are serviced through a bank. Those banks have law firms that represent them when customers file for bankruptcy. The security agrreement gives them standing during the bankruptvcy and even after the bankruptcy. If the lien on the property is not satisfied during the bankruptcy, the companies have the authority to make attempts to satisfy the lien even after the bankruptcy. They are not violating any laws as liens have to be satisfied and are not discharged in the bankruptcy. There are three ways to satisfy the lien on the property while in bankruptcy; one is by a reaffirmation agreement, two is be a redemption, and three is by surrender the items. After discharge of a bankruptcy you can only redeem or surrender the property. A reaffirmation agreement allow for you to pay the amount owed in monthly payments. A redemption allows for a person to pay a one lump sum payment, usually at a reduced rate. Surrender of the items means your will have to give up the items purchased. If the lien is not satisfied then it stays on your credit report anywhere from seven years to indefinitely. In addition, all creditors should be listed on the bankruptcy petition. Some are listed on the petition as secured while others are listed as unsecured. These type of accounts with security agreements should be listed as secured creditors.




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Send message to paulmergel
Sub: #20
Replied on 03-12-2011, 05:31 PM
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the only secured items besides cars,and houses have to have a certain value to them to be secured.i happen to know that BK lawyers do ask what if any items of certain value were purchased within the last year.so please don't come on here and act like everything purchased is takeable and can be forced to be returned because you are wrong.also don't act like the creditor has carte blanche here.if they don't showq up at the 341 meeting and even miss the small window after that.they lose their right to the items in question.let me give thecreep above me an example:

someone charges the bottomline washer and dryer from sears for 300.00 each 3yrs ago.they make payments for two of those years before falling behind and defaulting.the balance on the card at the time of purchase was 1000.00.the balance on the card when it defaulted was 500.00.okay how the f##k do you not only prove your right to even ask for those,but to demand them.i swear you idiots are the reason this country took a dive greedy batiges like you.yes every JDB,cc idiot,bank president or executive is gonna roast and the world will be alot better off for it.

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giving hope to the hopeless,help to the helpless,and hap to the hapless.




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Sub: #21
Replied on 03-13-2011, 11:59 AM
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Wow I couldn't have said it better myself!

Oh...and the fact that these scum have to first PRODUCE this agreement and it can't violate any laws...that's why they technically can't force arbitration on you if you fight it....you can't sign away your right to a trail.

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Sub: #22
Replied on 03-16-2011, 10:55 AM
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You have to distinguish whether or not this was dismissed or discharged. Dismissed means that your case was not completed and your creditors can still collect. Discharged means that the case was completed and the creditors are out of luck. If you discuss this with your attorney, they can contact the creditor but you will have to pay them. Usually you can just send them a letter stating that they were listed in your bankruptcy. With that, send a copy of the Petition, which is the first 3-4 pages which has all of the signatures and the discharge notice. You should also send a copy of the schedule that lists the creditor and/or the collection agency and the list of address where notices were sent. I doubt the trustee will help with this unless your attorney files to re-open the case.




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