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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18379
Experience:  B.A.; M.B.A.; J.D.
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2004-5 I filed for Chp 13. I hid nothing, Including a 2004

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2004-5 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
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Could you clarify?

Who is Bass & Associates representing?

Did you list this debt in your Chapter 13 plan?
Customer: replied 5 years ago.

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).

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