Central District Consumer Bankruptcy Attorney's Association

In California purchase money security agreements are liens which survive
bankruptcy. Judge Bufford wrote an opinion a few years ago where I seem
to recall he held differently, but I believe it would be considered a
minority view.
You know, Sears demanding a payment for old, used, carpets is one thing,
but a jewelry store is much more likely to sue to get the jewels back. I
try to get an agreement for repayment at favorable terms for the debtor.
d
On Tue, Feb 19, 2013 at 3:16 PM, sbombalier wrote:
> **
>
>
> Hello Listserv
>
> I have several clients, post discharge, being harassed by Daniel's
> Jewelers c/o Atty Snyder attempting to get an agreement for repayment. Are
> any you hearing the same thing, how are you all handling it? Have any of
> your client's been served? If so, what do you advise your client(s) to do.
>
> Based on previous postings, I have advised clients to ignore the requests
> and wait to be served with a complaint, however I just wanted to hear the
> input of the group.
>
> Any advise on how I should handle this would be appreciated.
>
> Silvia
>
>
>
In California purchase money security agreements are liens which survive bankruptcy. Judge Bufford wrote an opinion a few years ago where I seem to recall he held differently, but I believe it would be considered a minority view.
You know, Sears demanding a payment for old, used, carpets is one thing, but a jewelry store is much more likely to sue to get the jewels back. I try to get an agreement for repayment at favorable terms for the debtor.
dOn Tue, Feb 19, 2013 at 3:16 PM, sbombalier <bombalier@aol.com> wrote:
Hello Listserv
I have several clients, post discharge, being harassed by Daniel's Jewelers c/o Atty Snyder attempting to get an agreement for repayment. Are any you hearing the same thing, how are you all handling it? Have any of your client's been served? If so, what do you advise your client(s) to do.
Based on previous postings, I have advised clients to ignore the requests and wait to be served with a complaint, however I just wanted to hear the input of the group.
Any advise on how I should handle this would be appreciated.
Silvia

The post was migrated from Yahoo.

The post was migrated from Yahoo.

The post was migrated from Yahoo.

Sorry Silvia, I have not encountered this.
Is there a valid security interest?
The key issue is whether you client is liable for a deficiency judgment. See the contract.
Also, does it say who is liable for attorney fees? Costs? I don't thinkyou client would
be liable for a deficiency judgment because the personal liability was
dismissed in BK.
So tell Snyder that and offer up the collateral.
Whether your client has to also cough up the security contract is a
discovery like question
that I cannot research now.
Please keep me informed of your progress at _Robert90701@aol.com_
(mailto:Robert90701@aol.com)
Good Luck starts with a strategy and a plan. The time is now to lower 2012taxes.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
In a message dated 2/20/2013 10:06:37 A.M. Pacific Standard Time,
bombalier@aol.com writes:
Thank you all for your comments, Daniel's is setting 2004 exams, and I
also just received a "Draft" complaint per 523. Daniel's is claming
they have a security interest on the debt per their contract. When my
client was ordered to the 2004 exam, Attorney Snyder also requested
that client produce a copy of the security/collateral contract he
signed.
This is not the only creditor who is threatening to file suit against
the clients, there is also a furniture store, unfortunatley, I cannot
remember the name. Client in that case offered to surrender the
furniture, however, the return was rejected by the creditor and they
continue to demand payment. This I'm sure is in violation of the code.
Have any of you encountered this and how do you advise clients to
proceed.
Again, any input is greatly appreciated.
Silvia
Sorry Silvia, I have not encountered this.

Is there a valid security interest?

The key issue is whether you client is liable for a deficiency
judgment. See the contract.
Also, does it say who is liable for attorney fees? Costs? I
don't think you client would
be liable for a deficiency judgment because the personal liability wasdismissed in BK.
So tell Snyder that and offer up the collateral.

Whether your client has to also cough up the security contract is a
discovery like question
that I cannot research now.

Please keep me informed of your progress at
The post was migrated from Yahoo.

I received exactly same "packages" from this creditor for my client's debt about $1,200. I thought that my case was unique. I had to sit through this one and see how things would turn out because my client had been duped into giving the watches he bought to some people whom he did not even know the full names of. I was also angry about the conduct of their representative after the 341a meeting in the hallway in L.A. I was talking to a different client when I caught my client almost signing a reaffirmation agreement on the other side of the hallway, so I ran and stopped, and told the rep that she was not allowed to talk to my client directly. Long story short, while I was thus waiting, the bar date passed and the debtor received discharge. Hope same thing happens to your client's case. Jaenam Coe

The post was migrated from Yahoo.

They have no right to demand payment if the debt was discharged. It is a
violation of the discharge injunction.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

Thank you all for your comments, Daniel's is setting 2004 exams, and I
also just received a "Draft" complaint per 523. Daniel's is claming
they have a security interest on the debt per their contract. When my
client was ordered to the 2004 exam, Attorney Snyder also requested
that client produce a copy of the security/collateral contract he
signed.
This is not the only creditor who is threatening to file suit against
the clients, there is also a furniture store, unfortunatley, I cannot
remember the name. Client in that case offered to surrender the
furniture, however, the return was rejected by the creditor and they
continue to demand payment. This I'm sure is in violation of the code.
Have any of you encountered this and how do you advise clients to
proceed.
Again, any input is greatly appreciated.
Silvia

The post was migrated from Yahoo.

The other strong arm tactic is to set a 2004 examination and threaten a 523 action.

The post was migrated from Yahoo.

In order to recover the creditor would need to file suit for claim and
delivery, obtain a judgment, obtain a Writ of Possession, and instruct (and
pay) the Sheriff to levy the Writ and obtain possession of the goods. I
have not yet been served but such a suit yet.
Desiree Causey, Esq.
Law Office of Desiree Causey
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
714-375-6663
714-908-7646 (fax)
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The post was migrated from Yahoo.

Hello Listserv
I have several clients, post discharge, being harassed by Daniel's Jewelers c/o Atty Snyder attempting to get an agreement for repayment. Are any you hearing the same thing, how are you all handling it? Have any of your client's been served? If so, what do you advise your client(s) to do.
Based on previous postings, I have advised clients to ignore the requests and wait to be served with a complaint, however I just wanted to hear the input of the group.
Any advise on how I should handle this would be appreciated.
Silvia

The post was migrated from Yahoo.