The demands for money as opposed to setting up a time and place to take back the collateral is a violation of your discharge. Your attny should be handling this matter however that would entail setting up the surrender of the collateral, not holding out for a writ of replevin. If you want the calls to stop, the next time he calls, tell the idiot that if he continues to ask for money you will seek an Order of Contempt against him and the company for violating the Discharge. Then tell him when and where the item can be picked up. Document, in detail, the conversation by sending a certified letter confirming the conversation. Copy your attorney. In the letter tell the creditor that if it fails to pick up the item as instructed the item will be taken to the dump.
Yes! And include your letter of discharge.
Thanks everyone for the information.
They stated they'd have someone here at 4 today to pick up the items. It's now almost 8 and no one has come yet. Should I be proactive and send a certified letter telling them not to call me again in the future and that from now on all communications are to be in writing only given their multiple violations of the bankruptcy law (citing each date and the occurrance) and also let them know that I now consider the property to be abandoned by them since they didn't come to get it at the agreed upon date and time or just let it drop and see if they call me again then send it?
BTW, I reached out about this to my attorney's office again today and no one even bothered to call me back.
So...my attorney's office finally decided to call me back this evening just to side with Tower Loan. It got pretty heated in the fact I told her this would have been easier if she'd have called me back when I'd called, but she didn't.
She asked what was going on and I told her that they'd been calling wanting money and then when I refused to pay said they were going to come get the items and never showed up so I sent them a letter last week informing them not to contact me again regarding collection efforts as they'd set up another appointment for 11/28/17 to have the items picked up,because they were violating the dishcarge and also the fact that the case isn't even closed. Needless to say, no one showed up on 11/28/2017 either. Oh...and get this...they're denying they ever set up two previous times for someone to get the items. Luckily I record my conversations with them and have it all recorded (Missouri is a state where only one party, even if it's the one recorded, has to know).
My attorney's office then told me they were well within their rights to ask me to pay money since I still had the collateral. Then told me I can't hide property. After that discussion, I called her back and asked her what the money goes for that my trustee has claimed (a personal injury case that started in January 2017 and my taxes I file next year). She said that only goes to anyone who's filed a claim against me. I then told her no one has filed a claim and the cut off has passed so since no one's filed a claim, why is the trustee taking these items and what happens if they come get these items and then the trustee pays them since my case isn't even closed yet. These questions she can't answer and now she wants me to have an appointment with the attorney to ask him before Monday.
All things that should have been explained to me a long time ago when she decided at the 341 meeting back on Sept 1st that she was holding these items.