QUESTION

Can they ask me to return stuff i purchased

Asked on Mar 25th, 2013 on Bankruptcy - California
More details to this question:
I filed for chapter 7 bk and im getting calls from a law firm that stated that they r representing one of my credit cards and that i either need to settle with them or return the stuff I bought. Can they do that?
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3 ANSWERS

Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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The answer to this depends on who is they. Store cards like Best Buy or store financed purchases with places like Jerome's, Mor Furniture, jewelry stores differ from credit cards in that the items you purchased are collateral for the debt. It's not uncommon for Best Buy and Mor Furniture to ask for either a reaffirmation agreement though not to the full balance of what is owed but up to the amount of value in the items at zero percent interest or return of the items. If the items are no longer in your possession then you can explain that to "them". They may ask that you state this in writing. If the items are in your possession, your option is to tell them to come and get it. I've taken this route with some of my clients and the items were never picked up, although there is no guarantee that this will be your result. Depending on what it is and how much it's worth, the creditor has to decide if they are going to invest the money into paying someone to pick up used items and sell them. Jerome's and Best Buy is not in the business of selling used items, which means paying someone else to do this. I'll venture to say that 99% of the time collection of the used items is not worth the effort.
Answered on Mar 26th, 2013 at 12:11 PM

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Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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It sounds like they are claiming a security interest in the items that you purchased. It also sounds like you are representing yourself in this case. If you can afford an attorney, you should engage one to represent you. If you cannot afford an attorney, you should contact your local county bar association to see if they can connect you with a low-cost attorney or a pro bono attorney. It is possible that this creditor has a valid claim, but you need to be able to make that determination before you enter into any discussions with them. This determination will be difficult without counsel to assist you.
Answered on Mar 26th, 2013 at 1:53 AM

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Talk to your lawyer. No collections can occur after filing chapter 7. Some major appliances are purchased like a car, if you do not pay the credit card then they can take the property. The creditors would need permission to do something like this.
Answered on Mar 26th, 2013 at 12:45 AM

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