Bass ANd Associates is working for
Creditor ECAST Fob HSBC Bank Nevada, Na
Dealer is Kawasaki
Acct # XXXXX
Yes I listed The ATV in the ChP 13
Thank you for the information. Your initial post: 004-5 I filed for Chp 13. I hid nothing, Including a 2004 Kawasaki ATV. I have Been discharged in 2010. I how get a letter Bass $ Associates sent me a letter Please be advised that our client is sucured by a purchase money security interest in consumer goods and if I intend to voluntarily surrender the collaeral Please advise. I cashed several 401k's in an attempt to sTay current. Well this was a waste to money I should been saving for retirement Response: You need to send a letter to the collector that the debt that they are attempting to collect was part of your Chapter 13 plan and with the completion of your Chapter 13 plan, that the debt was discharged. That their attempt to collect a debt that has been discharged in bankruptcy is in violation of the Bankruptcy Code's Discharge Injunction and if they continue to contact you with regard to the debt that you would not have any choice but to sue them in Bankruptcy for willful violation of the Discharge Injunction. You would file a Motion with the Bankruptcy Court to reopen your case in order to file action against the lender/collector for violation of the Bankruptcy Code's Discharge Injunction and for sanctions against the lender/collector. See 11 U.S. C. Section 524. You would reopen your case pursuant to 11 U.S.C. Section 350(b).
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).