Phone call from creditor's lawyer

[Anonymous]

So I'm cleaning my house and when my phone rings from a number I didn't know. I picked up and it was one of the creditor's lawyers at my lawyer's office. I surrendered 3 TVs (60, 42, 32in), a desktop, and two tablets. Well he was calling to see how much the TV would go for on the Internet. I have my best guestimation. He then asked how much do I think all the stuff is worth. I said about $1200. He ended up asking me if I wanted to reaffirm and just pay the $1200. It kind of caught me off guard. He told me I could get back to him with an answer tomorrow. Honestly, he can keep the items because they tablets are not in good condition, the computer has some age, and so do the TVs.

The part that has me worried is the fact that he said "if you don't get discharged, you will be responsible for the remaining". Personally, I have trust issues and suffer from anxiety. Can he file something that is going to jeopardize me being discharged? I'm a nervous wreck now behind that one statement.

[StartingOver10]

So this was an attorney representing the creditor and he called you directly without going through your Bk attorney?  That's not normal. 

What do you mean that "it was one of the creditor's lawyers at my lawyers office"?  Did you get a Bk attorney that represents debtors or creditors? Seems to be a conflict (in my eyes) if the firm represents both debtors and creditors in the same case.  Speak to your attorney. 

As to his statement that he made about you being responsible for the debt if you don't get discharged - it was meant to rattle you (IMO).  The statement is a true statement however, most people do get a discharge. There are some that don't get discharged, but I don't think it is a large percentage of filers. 

If I were in your shoes, I wouldn't do the buy out of the electronics. Besides - a reaffirmation is not the same as a buyout and the conversation you relayed sounds like a buyout and not a reaffirmation. I wouldn't reaffirm either (that means you take on all the debt for those items).  Why pick up $1200 worth of debt when you are so close to getting rid of all of your debt.  Now is the time to get your fresh start - without debt.  JMO. 

Edit:  I don't think that he can file anything to cause a dismissal, but you should speak to your attorney about it. 

[Anonymous]

The creditor's lawyer is a local attorney. He is one that always shows up to the 341 meetings and will get any collateral he can for his creditor. He went to my attorney's office to pick up the electronics and he called me on speaker phone. Honestly, I think the main reason why he called is to get a dollar amount out of me, hoping I would "reaffirm"(the term he used) for the amount that I told him the items were possibly worth. I told him the conditions of the items when we were in court, and he wanted them anyway. Now, it seems as if he is back peddling a bit and trying to get me to "reaffirm" because "maybe" he feels he can't $1200 for the items. Just like you said, there is no purpose in reaffirm for electronics that don't mean anything to me. I will be calling my attorney tomorrow morning to let him know that I do not wish to get the items back. I just wanted to make sure there wasn't anything he could do to jeopardize my discharge. I will be asking tomorrow morning just in case.

[Anonymous]

What happened to you is the same BS that happened to me, with regards to a vacuum we purchased prior to BK. However it was the creditor calling, and their stupid rep saying the same thing to me, luckily I had it recorded. Honestly, he's just trying to rattle you, and pressure you into paying them. Don't talk to them, tell them to call your attorney. He is walking a very fine line. Don't let them pressure you, you already gave the stuff back so it's not your problem anymore. In my 13 years of collecting I have rarely seen people have their BK dismissed, it's very few. I wouldn't let it worry you, about possibly not having it discharged. They can't do anything to you, make sure they're reporting correctly on your credit as well as zero/included in BK. Also keep record of the call and what happened, if they keep it up you'll have grounds for a suit.