Post BK Blues
Junior Member
What is the name of your state?What is the name of your state? FL
I filed chapter 7 bankruptcy in 2003 and was discharged. I reaffirmed a debt with Sears (owned by Citibank) for $750.00 at zero interest. The reaffirmation agreement was filed with the BK Court and approved by the BK Judge. I was advised that Sears would start sending me bills/statements after my discharge. Sears in turn agreed to keep my account open to help me rebuild my credit.
It has been 11 months since discharge and Sears has yet to send me ANYTHING. I have written them two letters (CMRRR) asking them to honor the terms of the reaffirmation agreement, to start sending me statements again, to give me online account access again, AND to issue me a new credit card because mine expired. Even though I have received nothing from them, I have made several payments in person at a Sears store ($375 so far). Going to a Sears store is a pain in the butt but it's the only way I can pay!
Besides the CMRRR's I have called them 3 times. I keep getting the runaround. The last time I was told my new card would be processed immediately and I would receive a statement on December 4th. Well, here we are at year end and still nothing.
I am sick of this. I have no problem paying this reaffirmed debt but I want SEARS to do their share. They are clearly breaking the terms of the reaffirmation agreement. My BK lawyer doesn't handle this type of stuff (he told me "write them another letter") and I have no idea about what I can do to solve this problem. Do I call the BK Court? If this is not a BK Court problem anymore, then what do I need to do? Is there even an attorney that would be interested in suing Sears for the blatant breach of contract?
Any advice will be appreciated. Thank you.
I filed chapter 7 bankruptcy in 2003 and was discharged. I reaffirmed a debt with Sears (owned by Citibank) for $750.00 at zero interest. The reaffirmation agreement was filed with the BK Court and approved by the BK Judge. I was advised that Sears would start sending me bills/statements after my discharge. Sears in turn agreed to keep my account open to help me rebuild my credit.
It has been 11 months since discharge and Sears has yet to send me ANYTHING. I have written them two letters (CMRRR) asking them to honor the terms of the reaffirmation agreement, to start sending me statements again, to give me online account access again, AND to issue me a new credit card because mine expired. Even though I have received nothing from them, I have made several payments in person at a Sears store ($375 so far). Going to a Sears store is a pain in the butt but it's the only way I can pay!
Besides the CMRRR's I have called them 3 times. I keep getting the runaround. The last time I was told my new card would be processed immediately and I would receive a statement on December 4th. Well, here we are at year end and still nothing.
I am sick of this. I have no problem paying this reaffirmed debt but I want SEARS to do their share. They are clearly breaking the terms of the reaffirmation agreement. My BK lawyer doesn't handle this type of stuff (he told me "write them another letter") and I have no idea about what I can do to solve this problem. Do I call the BK Court? If this is not a BK Court problem anymore, then what do I need to do? Is there even an attorney that would be interested in suing Sears for the blatant breach of contract?
Any advice will be appreciated. Thank you.