Security interests in Credit Cards from Dept. Stores

As a Palm Springs and Riverside County Bankruptcy attorney I have been getting more and more calls from Weltman, Weinberg & Reis and other firms which claim they have a purchase money security interest in my clients items that we have listed to discharge on schedule F. Typically they are Best buy cards, K jewelers or other Dept. store cards where when you buy things they claim that their security is what you buy and therefore is not unsecured credit card debt. Usually I ignore them and they go away and if they don’t file a proof of claim or an objection to discharge then the items are my clients. They will typically give me an offer to knock down the price to 40% of what they owe and ask us to sign a reaffirmation agreement but many of these creditor attorneys are so busy and getting sloppy when I ask what my client bought that they are claiming a security interest in the creditors don’t even know so how can we return things that they don’t know what they are. Therefore I ignore them and so far they have yet to file an objection to discharge. One creditor was able to figure out that my client bought a fridge at Best buy and they claimed an interest in the fridge where as if this was a chase visa or bank of america card its unsecured debt and therefore no security, but being a best buy card they claimed it was their fridge or we could pay $200. It would cost a lot to get a truck out to my clients house to pick up a fridge and then they have to sell the fridge and according to my clients it was a crappy fridge and they didn’t care if they came and picked it up. Needless to say my clients got there discharge and the fridge is there. Don’t be intimidated and reaffirm debts that you can probably ignore and get discharged. Its consistently worked for me.

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