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  #1  
Old 03-24-2005, 09:25 PM
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Join Date: Sep 2004
Posts: 87

computer reposession


What is the name of your state?texas

my parents filed bankruptcy, and the computer that was bought under their name didnt go through, but everything else did

(comp bought in august. bankruptcy filed february.)

Dell wants it back or for us to pay. we're having a bit of trouble getting in contact with the lawyer, and I'm beginning to fret
must we pay it all lump sum? or can we continue makign our monthly payments to keep it. i really dont want to give it up.
  #2  
Old 03-24-2005, 09:45 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Did Dell object to the discharge of the debt ?
Did your parents just opt to surrender it ? If not, what DID they do ?

Of course Dell wants it back, but even in the 5 months since it was purchased, the value has gone down. Offer to redeem it at CURRENT MARKET VALUE and then negotiate to see if they'll take it in payments.
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"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.
  #3  
Old 03-24-2005, 09:55 PM
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Join Date: Sep 2004
Posts: 87
well.. this is what happened, according to what my parents know

there were four cars in their name and one of them was mine. we did a title transfer to put my car in my name because they're only allowed two in the household. the third car is a van that hardly runs and is very broken down, they do nto want it, they told the creditors to just come take it.

they were told by the lawyer no one came to court to object the bankruptcy

nobody wanted their things back. they filed many things, credit cards, the broken van, my computer, an expensive bed set, and many other debts. lawyer said it all went through about 2 weeks ago.

then today my mother calls and tells me the lawyer is telling them dell wants the comp back, she isnt sure what to tell them or what our rights are. she was going to lie and told them my baby spilled milk on it (he actually did on one of our other comps) but I told her not to lie and that we'd find a legal way to go about this.

honestly i am confused since they were told and under the belief that if no one showed up to object to the bankruptcy, that it was over at that point.

They've actually given no reply to dell just yet.
  #4  
Old 03-25-2005, 06:48 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Ok. Well, if your folks didn't reaffirm it, the debt will be discharged with the rest. Dell may or may not be aggressive enough to file for Replevin in their local court to get the computer back. I do know that Dell makes a LOT of noise over it, even for computers that are several years old. It may be easier to propose a redemption to Dell, but use current market value - not what is owed or replacement value. Computers depreciate VERY quickly because the technology moves so fast. You might want to search out similar pcs and configurations and see what they're selling for.
__________________
"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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