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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-22-2003, 01:11 AM
BlueT
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Dell Computer / Chapter 7


What is the name of your state? Wi

Does anyone know the process Dell uses to repo their computer when someone files chapter 7? There's somewhere around $1,000 owed and the computer is 1.7 years old. Do they take the computer back or take the loss? Also if they do take it back, how do they get the computer? Do I bring it to the 341 meeting, send it back or?
Thanks
  #2  
Old 09-22-2003, 01:18 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Dell Computer / Chapter 7


Quote:
Originally posted by BlueT
What is the name of your state? Wi

Does anyone know the process Dell uses to repo their computer when someone files chapter 7? There's somewhere around $1,000 owed and the computer is 1.7 years old. Do they take the computer back or take the loss? Also if they do take it back, how do they get the computer? Do I bring it to the 341 meeting, send it back or?
Thanks

My response:

Dell uses a deactivation chip in their computers. As soon as they receive your notice of bankruptcy, they "throw the switch". It's all over.

Or, they use a crane with a steel "grabber", much like a junkyard would use, and crash through your roof, and hoist the computer - - along with your desk - - out the roof.

Or, the don't appear at the 341 hearing.

IAAL
  #3  
Old 09-23-2003, 12:08 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
A deactivation chip ?? That's a good one IAAL - don't give them any ideas !!

Really.. you may OWE $1,000 on it, but its not WORTH $1000 after nearly 2 years. MAYBE its worth $400-500.

Is Dell trying to repo it ? Do they want you to reaffirm on it ?

You have another option - redemption. You pay Dell what the WHOESALE value is and they leave you alone.

So... get a WHOLESALE appraisal on the PC and get it in writing. Scan the want-ads, ebay, computer shops and get a good idea for what a similar system is worth. Present that as your offer of redemption. Dell doesn't want your computer - they want the $$$$$ !! I wouldn't reaffirm on it for any reason.

What does your lawyer have to say ?

Most of the time NO creditors show up at 341 meetings. Keep your pc at home.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #4  
Old 09-25-2003, 11:51 PM
BlueT
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Dell assigned this collection over to LTD Financial Services. They didn't mention anything about taking the computer back, they just want me to send them the money. I was wondering if this went to a chapter 7, would they figure, if we (Dell) can't get paid, would they want the computer. I'm sure I'm not the first person to go through this. This ca is sneaky. They called my mom and said they thought I lived there. Also said they were helping me on a financial matter. This ca isn't on my side.

Thanks
  #5  
Old 09-26-2003, 10:08 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
They never are, they are low-life slime most of the time. If you're going to file Ch 7, then do it. Dell MAY make some noise about wanting the pc back, but as I posted before, you have options in that regard. Calling your mother when they have your current location and contact info is an FDCPA violation. If you want to stop the calls, send them a modified cease and desist and restrict them to mail only and to YOU only !
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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