Collection after Bankruptcy

[jtfalcon]

What is the name of your state?What is the name of your state? MI

I declared bankruptcy last year and my debts were discharged and none of the creditors filed motions with the court. Now, 1 year later after the discharge date, I am receiving letters from a collection agency on a furniture store credit card that was discharged saying that I have to pay the debt or they will come and repo the furniture. I've tried to get in touch with my BK Lawyer but as of yet he still hasn't gotten back with me so I am trying other options as I'm tired of receiving all the phone calls from the collection agency. Please help.....

 

[Ladynred]

The debt was discharged and if they did nothing to make a claim for the 'secured' furniture during your case, then they're going to have hard time taking it from you now ! They can NOT just come to your house and take the furniture. In order for them to take it back now, they would have to file for Replevin with the courts. That will likely cost them more money (and time) than its worth to them and maybe more than the furniture is worth. They'd rather scare you to try to make you pay on a discharged debt - which is VERY illegal.

When they call the next time - and they will - tell them that if they do not immediately cease and desist their illegal collection activities, you will file a Motion for Contempt and a Request for Sanctions against them with the BK court. You can not only recover attorney's fees for such a motion, but you can also recover damages, so they would be looking at a LOT more than the furniture's worth ! Make sure you get a mailing address so you can mail the same C&D to them - send it certified RRR.

Unless your furniture REALLY expensive, its unlikely they'll do anything at all to take it.