What do I do with these Letters?

[6ftladycop]

Dell Finance Service and GMAC both sent me letters in the mail today. One from Dell said I was delinquent 2 payments and please call their office to work this problem out. Now I checked Pacer so I know they received their bankruptcy letter and GMAC,s letter actually said Lease Assumption Letter.

Since my 341 meeting is Aug-28-07, should I call both of these people and speak with them(GMAC is current on car payments) or just wait until after the 341 meeting. I intend to keep on making payments to GMAC for my leased vehicle as its my only means of transportation and I work far away from my house and Dell will be re-affirmed because the computers are old, but still working and not worth much. I read somewhere that I could buy them at market value from Dell and that will take care of the payments, but I have no idea how to do this.

Anybody got some advice for me?

[lrprn]

Dell Finance Service and GMAC both sent me letters in the mail today. One from Dell said I was delinquent 2 payments and please call their office to work this problem out. Now I checked Pacer so I know they received their bankruptcy letter

To ask for payment after receiving your bk notice is a violation of the automatic stay. Since you filed pro se, send them a stern letter registered return receipt re-stating your filing date and giving them your case number. Then add a paragraph stating that they are in violation of the automatic stay and you will pursue legal action if they do not cease contact with you immediately.

Dell will be re-affirmed because the computers are old, but still working and not worth much. I read somewhere that I could buy them at market value from Dell and that will take care of the payments, but I have no idea how to do this.

Dell does not care about your old used computer equipment, 6ft - they only want your money. Do NOT reaffirm this loan and don't surrender the computers either. The chances of Dell dropping by your house to repossess old computers are so near to zero that it doesn't even register on the risk scale!

Several of our members have gone through this recently with Dell, BestBuy, and other similar "secured" lenders sending out scare letters threatening to repossess their purchaes if you don't pay them. Frankly the resell on used computer equipment is so low, it will cost Dell more to rent a truck to pick it up. Invite them over! Dell didn't show up at our other members' homes and they aren't going to show up at your home either.

This is just a scare tactic by Dell - don't fall for it and save your hard-earned money.

[6ftladycop]

Dell/Computers and Secured Credit

Funny

I asked the lawyer the same question. Even though I am filing pro se, the lawyers sit at the HelpDesk Monday thru Friday in Illinois just signing people up who are filing pro se and helping them fill out forms, get questions answered, making appointments, sending folks back and forth for more documents and information and all the stuff that would usually be done if pro se filers had a lawyer. They even have computers set up in the intake room where the paperwork is filed for anybody who wants to access Pacer or would like to fill out their paperwork on the forms they have on the computer and then there is a machine for change which you will use to print out the paperwork once you finish the schedules.

It was so easy that I could not believe it. When I asked the lawyer about Dell, she told me that either I would have to turn the computers back in to Dell and put them under the bankruptcy to get completely discharged or I could re-affirm the debt to them and continue to make the payments I was making already.

Now I am kind of confused

[familyof7]

you list it as secured and put intend to surrender. They will never come and get it . You can put unsecured and tell dell they can have it back if they want to come and get it they wont. Or you can list it as unsecured and tell dell the computer is broken if they want it come and get it I bet you money they wont then.

[JRScott]

How old is your DELL ?

I filed with a lawyer. They put it as unsecured. Mine I got in 2004, the monitor stopped working in february of this year. I had asked them about it but the lawyer said given the age and payment system I had more than really paid for it over time and it wasn't worth anything. Anyway I've not heard a peep from DELL since the filing. (Oh they called once the same week of filing, I gave them the BK info and since not heard from them).

Good Luck

[CityGirl]

I just bought a brand new Dell on my Dell charge 2 months ago for school and then sold it when I got a laptop for a gift.
It's UNSECURED just like anything else you buy with a credit card, isn't it???? Now, I'm really confused!!!

[leftyf]

Just don't say to the trustee "Dude, I got a Dell." Just my daily one-liner...

[familyof7]

Some people get financed through DELL instead of charging it to a credit card.

[JRScott]

I just bought a brand new Dell on my Dell charge 2 months ago for school and then sold it when I got a laptop for a gift.
It's UNSECURED just like anything else you buy with a credit card, isn't it???? Now, I'm really confused!!!

Depends on your agreement. But if you used a VISA or MC with a DELL logo then it is most likely unsecured. If you used DELL Financial then it may be secured but if its older than a year they aren't going to come get it as its not worth the recovery costs. Nothing drops in value faster than electronics.

[6ftladycop]

Possibility of Surrender of Computers

I got up early one morning recently and I took a look at both my grandchildren who are autistic. They both were on one of the computers and as I stood there, I realized then that I will probably have to sign a re-affirmation agreement with Dell. There is no way I could take these computers out of the house with no means of purchasing more with my income as it is. The Dell people have not sent me any affirmation letters yet and my 341 meeting is Aug-28-07. I did see on Pacer that they were sent the notice of the 341 meeting but I am not sure what will happen now. Maybe i should call them and tell them I intend to keep paying them....is that a good idea?

[JollyGG]

I got up early one morning recently and I took a look at both my grandchildren who are autistic. They both were on one of the computers and as I stood there, I realized then that I will probably have to sign a re-affirmation agreement with Dell. There is no way I could take these computers out of the house with no means of purchasing more with my income as it is. The Dell people have not sent me any affirmation letters yet and my 341 meeting is Aug-28-07. I did see on Pacer that they were sent the notice of the 341 meeting but I am not sure what will happen now. Maybe i should call them and tell them I intend to keep paying them....is that a good idea?

Here's the thing. You won't have to "take these computers out of the house with no means of purchasing more with my income as it is."
If you don't reafirm and you don't send them any more money Dell will Huff and Puff and threaten but they actually won't come and get the computers. They don't want them.

[familyof7]

dont list it as secured and just ride it out.