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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 08-13-2002, 02:18 PM
nputzerelli
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BK Questions


What is the name of your state? Florida

About 6 months ago we had a whole house water purification system installed in our house. it was financed by a finance company arranged through the water company. We are considering chapter 7 and were wondering if the finance company could take back the system after we filed. It's inside the house, but the water pipes are outside.

The second qusetion we had is about Dell financial services. We also have our computer system financed through Dell and have paid for over two years. If we file, will Dell want the computer back? We saw something on this site about this question, and were wondering if anyone has the answer to the Dell question.
We would appreciate any help in these areas.
Thanks.....
  #2  
Old 08-13-2002, 03:48 PM
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Join Date: Feb 2002
Location: Nashville,TN
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Since no one else seems to have the answer on the Dell issue, I would suggest that one of you, you or TaffyCat, have a friend, or other unattached party call Dell and ask what their policy is... you just might get the answer to your question. For that matter, I don't see why a lawyer can't call and ask for this very information.
Can't hurt to try, right ??

If the water system isn't installed into the structure of the house, I don't see why you can't give it back to them. If they had to tear some part of your house apart to get it that might be different.
  #3  
Old 08-13-2002, 04:05 PM
nputzerelli
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Thanks for your reply. Your probably right, one of us should have a third party call.
Tthanks again
  #4  
Old 08-17-2002, 10:42 AM
dorenephilpot
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If the loans are considered unsecured, you can get them discharged and not have to return the stuff.

If the loans are secured, then you either have to reaffirm them and pay them or you have to give back the property, IF the creditor asks. If the creditor doesn't bother, then don't worry about it.

Chances are that on the old used water system and computer that they probably won't want to come take them back.

It's all a game, though. You say you don't want to reaffirm and then wait and see if it's worth their time and trouble to come pick up the stuff.
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