Best Buy - Chapter 7

[Karunch]

My attorney has let me know that HSBC Best Buy (just the store card, not the MC) is attempting to say that some of the items that I purchased at the Best Buy store are considered "secured".  At the end of 2007 I had bought myself a laptop that I use for school, and also a digital camera because I enjoy taking pictures.  The digital camera was my XMas present to myself. 

My Chapter 7 BK was filed on 4/7/08.  I had purchased my camera on 12/30/07, but the laptop was purchased in the beginning of November 2007.  To be honest, the idea of filing BK never crossed my mind until 2 weeks before going to my attorney.  So it wasn't like I was trying to defraud Best Buy by buying myself extravagent gifts..  

But my question is, is Best Buy really able to take back my laptop and my digital camera?  I thought that a Best Buy charge was considered to be an unsecured debt.  How can they now say that they want to take back some of the items that I had purchased over 90 days before filing? 

My lawyer said to just ignore it, and we will deal with it if they file a motion with the court.  He says it wouldn't be worthwhile for them to come to court to attempt to collect my "secured" items..  But I'm not really sure that is a very good strategy. 

Guess I should also add that the laptop was on sale for $450, and the digital slr was about $850. 

Message Edited by Karunch on 05-21-2008 05:13 PM

[Uniqua]

Best Buy has to file a motion with the court contesting your bankruptcy petition. Creditors, by law, can do this. It is a good chance that you may have to surrender the items you purchased. But you won't know until that time. So, there is really nothing you can do at the moment but wait.

Whatever you do, don't contact Best Buy.

[granny031350]

sometimes they will send out a letter after your discharge asking you to return the items.  If they do that you tell them that with  a Writ of Replevin you would be happy to return the items.  (The Writ is expensive to get and have served not worth the price of a used laptop and digital camera that was last year's model)

[oldschool]

They actually got a writ to take back a tv I purchased from them, the tv was about two and a half years old at the time I filed BK. I didn't think it would be worth it to them...apparently it was.