341 Went Well..But Creditor is Being Odd...

[mark1210]

What is the name of your state? Texas

The 341 meeting is finally behind me and went very smoothly, no questions above what the trustee normally asks. My question is concerning a creditor I have. I forgot the term they use when a creditor and the company are they same and they have a right to collect the merchasndise purchased from the company card (Like a best buy card and buying best buy merchandise). Whatever that term is thats the situation I am in.

Wells Fargo requested I pay them $900.00 which is the original amount I owe or I must surrender the furniture purchased. I informed them I did not wish to keep the furniture and they decided to remove the interest from my account in an attempt for me to reffirm, in return I offered back $250.00. They declined to accept my offer. In fact, they will not negotiate further but they did indicate through my attorney that after my discharge i can count on hearing from them again. Why would a creditor wait till after discharge then attempt to collect the furniture and/or debt???

Thanks!

 

[Ladynred]

Because they cannot violate the automatic stay. AFTER your discharge, they can ONLY harrass you to return the furniture, they can NOT attempt to collect on a discharged debt, they cannot demand money. They WILL however, try to make your life miserable enough hoping you'll just pay them to keep the furniture.. they really do NOT want that furniture back.

In TX, you either have to reaffirm or redeem (at CURRENT MARKET VALUE) to keep secured property. IF you don't want the property, they can come get it after your discharge.

Current market value is NOT what you paid and it does NOT include their mountain of interest either.