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X-eGroups-Edited-By: easky1
charset="US-ASCII"
We have filed a declaration of non-possession in these cases and it has
never been an issue
Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
Office: (626) 332-8600
Fax: (626) 332-8644
eclark@BLClaw.com
www.BLClaw.com
charset="US-ASCII"
We have filed a declaration of non-possession in these cases and it
has never been an issue
The post was migrated from Yahoo.
Is Kay Jewelers Serious?
Aron:
I got in trouble once, maybe, for appearing at a
hearing before a local bk judge on a motion for a
turnover from Sears. I had the audacity to say
something like, "Your Honor, my client will be glad to
turn over xxxxx. Just make Sears give me notice when
they are sending over the trash truck."
I was chastized, but the trash truck never arrived.
dennis
The post was migrated from Yahoo.
In my experience, Kay Jewelers (and Best Buy and Circuit City) won't do a damn thing. I just ignore those letters demanding reaffirmation or surrender, although when I'm in a mischevious mood, I call the firm in Texas who always sends the letters for Circuit City and ask them to send me a list of all the collateral they claim secures their debt so I can advise my client about reaffirmation options. Then I fax them a letter saying that my client has elected to surrender only the used printer cartridge and Celine Dion CD listed on the list and they should contact me to make arrangements for the surrender.
Jim
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
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LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
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To: cdcbaa@yahoogroups.com
Sent: 12/12/2007 12:38PM
Subject: [cdcbaa] Is Kay Jewelers Serious?
>> Dear Group,
>>
>> 2 of my clients have accounts with Kay Jewelers. Both no longer have the jewelry
>> because they made the purchases for gifts ( I know...). I listed the debts as unsecured
>> but Kay says they are secured.
>>
>> As a practical matter, what will Kay do if my clients refuse to redeem or surrender and
>> we just stick with our assertion that the jewelry was unsecured? I can't imagine Kay
>> suing for replevin for a couple hundred dollars worth of jewelry but I need an
>> experienced viewpoint.
>>
>> Thanks
>>
>> Aron
>>
>>
>>
>>
>> ---------------------------------
>> Never miss a thing. Make Yahoo your homepage.
>>
In my experience, Kay Jewelers (and Best Buy and Circuit City) won't do a damn thing. I just ignore those letters demanding reaffirmation or surrender, although when I'm in a mischevious mood, I call the firm in Texas who always sends the letters for Circuit City and ask them to send me a list of all the collateral they claim secures their debt so I can advise my client about reaffirmation options. Then I fax them a letter saying that my client has elected to surrender only the used printer cartridge and Celine Dion CD listed on the list and they should contact me to make arrangements for the surrender.
Jim
James R. Selth
Weintraub & Selth, APC
12424 Wilshire Blvd., Suite 1120
Los Angeles, CA 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
--- Original Message---
To: cdcbaa@yahoogroups.com
Sent: 12/12/2007 12:38PM
Subject: [cdcbaa] Is Kay Jewelers Serious?
>> Dear Group,
>>
>> 2 of my clients have accounts with Kay Jewelers. Both no longer have the jewelry
>> because they made the purchases for gifts ( I know...). I listed the debts as unsecured
>> but Kay says they are secured.
>>
>> As a practical matter, what will Kay do if my clients refuse to redeem or surrender and
>> we just stick with our assertion that the jewelry was unsecured? I can't imagine Kay
>> suing for replevin for a couple hundred dollars worth of jewelry but I need an
>> experienced viewpoint.
>>
>> Thanks
>>
>> Aron
>>
>>
>>
>>
>> ---------------------------------
>> Never miss a thing Make Yahoo your homepage.
>>
The post was migrated from Yahoo.
Dear Group,
2 of my clients have accounts with Kay Jewelers. Both no longer have the jewelry because they made the purchases for gifts ( I know...). I listed the debts as unsecured but Kay says they are secured.
As a practical matter, what will Kay do if my clients refuse to redeem or surrender and we just stick with our assertion that the jewelry was unsecured? I can't imagine Kay suing for replevin for a couple hundred dollars worth of jewelry but I need an experienced viewpoint.
Thanks
Aron
Never miss a thing. Make Yahoo your homepage.
Dear Group,2 of my clients have accounts with Kay Jewelers. Both no longer have the jewelry because they made the purchases for gifts ( I know...). I listed the debts as unsecured but Kay says they are secured. As a practical matter, what will Kay do if my clients refuse to redeem or surrender and we just stick with our assertion that the jewelry was unsecured? I can't imagine Kay suing for replevin for a couple hundred dollars worth of jewelry but I need an experienced viewpoint. ThanksAron
Never miss a thing. Make Yahoo your homepage.
The post was migrated from Yahoo.