Ch 7 Discharged But Creditors Keep Calling..Question

[mark1210]

What is the name of your state? TX

Hey Gang,

Well my bk was discharged a week ago, since the discharge I have had Dell Computer and Rooms to Go call requesting payment or they will pick up my merchandise. They indicate they have rights the property as there is a purchase money order involved. Basically, since I used their store cards they claim they have it as security. Since my BK has been discharged are they still entitled to get it back and should they even be calling me? My attorney's work is done so he won't address this issue without more money.

Thanks!

 

[note4me]

Do they have a right to take them? I think so if you still owe on those items.

 

[SkankCheese]

What is the name of your state? TX

Hey Gang,

Well my bk was discharged a week ago, since the discharge I have had Dell Computer and Rooms to Go call requesting payment or they will pick up my merchandise. They indicate they have rights the property as there is a purchase money order involved. Basically, since I used their store cards they claim they have it as security. Since my BK has been discharged are they still entitled to get it back and should they even be calling me? My attorney's work is done so he won't address this issue without more money.

Thanks!

If it was discharged and they didn't dispute it. I'm pretty sure they can't come a'knockin now. As long as you didn't reaffirm or state your intention to retain property by making payments then it's a lost cause for them. And I do know that they're not supposed to call.

 

[LostinMI]

I, too, have a Dell computer finance thru my Dell credit account.... My lawyer told me that Dell is a secured debt and they can take the security (my computer) if they want it back. He did say that he has never seen then actually do it, but they can threaten to do it if you don't pay. They don't really want your used stuff -- just want to scare you into paying the debt off.

I guess what my plan is to do.... After BK final, I will try to negotiate with Dell to keep the computer -- for what it is worth now rather than what I paid for it (plus interest & penalties). Otherwise they can come & get it. My computer was only $800 new (year & half ago).... so I know it is worthless to them!

Hope this helps!!