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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-20-2003, 06:08 PM
workerb
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Dell Hell


What is the name of your state? California

Thanks ErinIndiana for the advise. Now I have a concern that anyone can address.

I HAD two computers from Dell. Bought them in 2000. The laptop died and the Desktop is being repaired and it doesn't look good.

I was told by Dell a year and half ago that PC's only have a life of a year before they start going (talking about the harddrive).

Having said that I was wondering if Dell will show up for the 341 meeting and ask for them back or file a motion after the meeting to still collect. I was told by the collection agency representing them the I owed $4900. I tried to make arrangements, but then was hit with a lawsuit from another creditor, so that's when I decided to file BK and get it over with *sigh*.

Anyway, these computers wouldn't be worth that now if they still worked!! They would be going on three years old next year Feb. Would they actualy come to my home to see if I have the one being fixed? I've heard horror stories of other creditors.

Thanks for any advice.
  #2  
Old 09-20-2003, 07:40 PM
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Join Date: Jun 2003
Posts: 112
If it helps, I took Dell with my bankruptcy and they didn't show up at the 341. I hopefully will be discharged in two weeks, I have not heard anything from them.
The computer was worth money as it was purchased just prior to bankruptcy. I asked Dell for a copy of the agreement to show they had a security intrest in the computer, I called and wrote them on many occasions trying to get that information. If I ever contacted someone on the phone, they would say that it would be mailed to me. I was going to reaffirm the loan.
The credit agreement was never sent and on advice from my attorney, I claimed it under unsecured creditors.
Haven't heard a word from them since.

There are alot of variables that could make my scenario different from yours (my payments were current). But I thought this may give you some insight.

Good luck
  #3  
Old 09-20-2003, 07:47 PM
workerb
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Thanks, that does help

My payments are not current. In fact for the past 2 years I've been in a downhill slide since I lost my job and haven't paid ANYONE. Nor have I charged anything else. So hopefully, Dell will not ask for the computer.

But like a friend just told me, if I don't have it I don't have and if I filed BK, it obvious I don't have the money to pay them back. DUH! But you never know with some creditors.
  #4  
Old 09-20-2003, 09:53 PM
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Join Date: Dec 2001
Location: TX
Posts: 1,090
so if they show up, give it to them, not like you're losing anything ha? is a dell from hell worth losing your BK???
__________________
This is just my educated guess, and it’s not a legal education...
  #5  
Old 09-20-2003, 10:03 PM
workerb
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Thanks Nailtech,

But the one laptop died as I said earlier, I threw that out last year sometime and the desktop is in pieces, trying to be fixed by a computer geek friend of mine. And that looks like it's going to be junked. So I don't have anything to give them if they asked.

I just don't want to hassled by these people after the BK. I heard Sears is always at the 341 meetings, luckily I didn't have any credit with them.

This is a very imformative site by they way, I'm glad it's here, it helps people like me that are a nervous wreak about filing BK!
  #6  
Old 09-20-2003, 10:49 PM
Senior Member
 
Join Date: Dec 2001
Location: TX
Posts: 1,090
so tell them it's in pieces...... its there sweat, not yours..... if they really want it back that is**************... if not they wont bother.....
__________________
This is just my educated guess, and it’s not a legal education...
  #7  
Old 09-21-2003, 12:27 AM
Member
 
Join Date: Feb 2003
Location: TX
Posts: 338
Dell will have to file a replevin and spend around $3-4k to go after 3 year old computers - this won't happen. In order to repossess the computers they're required to file a replevin, they're not allowed to seek attorney fees in a replevin action and you're not required to return or hand over the equipment to anyone but the sherrif when he comes to your door with the court order. Let em go for it if they want to, but it'll never happen.
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