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#1
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Store credit card questionWhat is the name of your state? Michigan Here's the scenario: Best Buy store credit card, I buy appliances on the buy now - no interest until offer, make payments for approximately 10 months, then come under some financial burdens and I stop paying on the card in my mind only temporarily. Then the delayed interest hits, the financial burden continues and I get over whelmed and continue to not make any kind of payment. To cut this long sob story short I get this letter from a law office: Dear So and So 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:. My question is: Do I have to surrender my appliances if the case has been discharged? It's not that I didn't intend to pay for it I just got in over my head financially. Thanks in advance for any help. |
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#2
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| Discharge generally refers to a bankruptcy filing. Did you file for bankruptcy? |
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#3
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| I have filed bankruptcy in the past but this debt was incurred after the backruptcy was final. |
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#4
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| So, you didn't have BestBuy included in your BK ? This debt was incurred completely AFTER your discharge ?? Sounds like BB thinks they were included in your bankruptcy and if that were true I'd say ignore the letter, the debt was discharged and they're just bullying you. IF it were discharged in the bankruptcy, they would have to file for Replevin in your local court to take anything from you.. and that will cost them a LOT more than the appliances are worth. However, if this is a post-bankruptcy debt, they're confused and the debt should just go to collections - for which they don't try to repo the goods.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#5
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| At the time of my bankruptcy, this card had a zero balance. To be honest I had completely forgotten that I had opened the account since it had been several years since I had used it. I also found out that my ex-wife's name was actually on the account as a co-signer and she took me to court to try and get me to pay the account because Best Buy was going after her for the balance (which was NOT my intention). The judge ordered me to pay $150 a month on it (I had told him that I thought I could maybe now afford $50, but he almost laughed at me!) and the Judge or her lawyer was going to contact Best Buy to let them know that this was a post-divorce debt and that she was not liable for it. Sorry if I rambled just then....hehe. Like I had said before...it was never my intention not to pay it I just got overwhelmed and then they wouldn't work with me on the payments so I ended up just not doing anything. Thank you both for replying and giving me some advice as to how to interpret this letter I got. I guess I will just ignore it. |
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