Legal Question in Bankruptcy in California

File Chapt 7...one against Dell Computers

I filed Chapter 7 and one of my creditors was Dell Computers. I bought this computer 3 years ago. Can they come an take it? The value on this system is probably $300.00-500.00 and the debt is nearly $5000.00


Asked on 9/03/03, 7:20 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: File Chapt 7...one against Dell Computers

If the debt is secured, the credit must petition the court for relief from stay to repossess the merchandise. On the other hand, since the computer is so old, would Dell really want it back? If it's a secured debt, the debtor must state his/her intentions on the statement of intentions, i.e. whether to reaffirm, surrender, or continue making payments without reaffirming.

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Answered on 9/03/03, 7:33 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: File Chapt 7...one against Dell Computers

Cohen gave the right answer.

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Answered on 9/03/03, 8:17 pm


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