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Do i need to contact circuit city and dell

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    Do i need to contact circuit city and dell

    Since my lawyer said it was my responsibility to contact them since they are listed as secured??????????????In another words do I contact the creditor? Doesn't the BK court do that?Aren't they notified of my BK?Very confused.Do i have to call them and ask for a affirmation.Will not reaffirm any but need to know.Am at day 61 and neither CC or Dell has contacted me or my X-lawyer.Sorry for starting another thread but need to know.Help.
    Last edited by opus007; 12-29-2008, 12:33 PM.

    #2
    You have to contact the BK dept of Dell and Circuit City. Are you sure you want to reaffirm that debt????
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      No I do not want to reafirm...but I have not received anything from them.They are listed on the BK.They are listed as secured.Am I obligated by law to contact them.I am very confused.I do not contact them what happens????THanks

      Comment


        #4
        What would the purpose of the contact be?? If htey want thire stuff back they would have to contact your lawyer. since you have one retained
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

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          #5
          This is where I am confused.I pay for a lawyer and give a list of all creditors to be listed on BK.I assume my lawyer contacted them as all phone calls and letters to me stopped . CC and Dell are listed as secured.Once again I assume CC and Dell where notified.Either by the court or my lawyer or how would they know I was filing BK.Or am I just assuming they are being contacted and let known of my BK since they are listed.By law I would feel they would have to be notified.Ok ,since CC and Dell had to be notified and are secured isnt it there responisibility to contact to me or lawyer to see if I want to reaffirm?Are they not the ones who send out the affirmation papers?I know in affirmation you have 3 choices.Reaffirm,do not affirm and do nothing.So what are my choices if no has asked to affirm?DO I just let it ride?

          Comment


            #6
            Originally posted by StartingOver08 View Post
            You have to contact the BK dept of Dell and Circuit City. Are you sure you want to reaffirm that debt????
            Also why do I have to contact them???This makes no sense.Can someone give me a simple answer to all this.I do not plan on reaffirming.I will not pay them.If they want there stuff back they have to come get it.And I doubt the will.

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              #7
              Contact them about what.

              If your case has been filed, there is nothing for you to do.

              This sounds like more of a mutual miscommunication between you and your lawyer.
              Last edited by HHM; 12-29-2008, 03:21 PM.

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                #8
                Originally posted by HHM View Post
                Contact them about what.

                If your case has been filed, there is nothing for you to do.

                This sounds like more of a mutually miscommunication between you and your lawyer.
                Thanks HHM
                My case has been filed and am awaiting discharge.61 days now.My only concern is did I do something wrong by not contacting CC and Dell myself since they are listed as secured.When I talked to my lawyer today she said I should of contacted them.But I still do not know why.
                So from what you are saying is that if they want me to reaffirm the debt they would of contacted me ?Is that correct?

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                  #9
                  Correct, you don't need to do anything.

                  Comment


                    #10
                    Not to sound harsh but your lawyer sounds like they may be lazy--or ditzy lol. You shouldn't really have to but maybe you should tell your lawyer that they should be the ones making contact with your creditors not you. After all you paid them. As far as anything else is concerned you filed, you don't want to reaffirm and I suppose you have already had your 341. If you haven't heard anything than CC and Dell could care less about what you have of theirs. I bk'd CC and they aren't secured...dont worry about anything, the courts sent notices to everyone on your matrix they are aware you filed. Once discharged its too late for them.
                    Filed 11/25/2008
                    Confirmed 3/10/2009
                    Last payment made 2/2012...

                    Comment


                      #11
                      Originally posted by michele71 View Post
                      Not to sound harsh but your lawyer sounds like they may be lazy--or ditzy lol. You shouldn't really have to but maybe you should tell your lawyer that they should be the ones making contact with your creditors not you. After all you paid them. As far as anything else is concerned you filed, you don't want to reaffirm and I suppose you have already had your 341. If you haven't heard anything than CC and Dell could care less about what you have of theirs. I bk'd CC and they aren't secured...dont worry about anything, the courts sent notices to everyone on your matrix they are aware you filed. Once discharged its too late for them.
                      Shouldn't my lawyer of contacted CC or Dell with with my intentions to either keep paying,or surrender said items?Or would this of been my options if they sent me a affirmation letter?
                      My Lawyer called me a little while ago and asked me to come in on Thursday and we will talk.I had called and told the secretary they where fired as the secretary wanted to argue responsibility to me earlier and ended up hanging up on me.She also told me (the secretary) that they charge extra for handling affirmations.I distinctly remember the lawyer telling me when I questioned her on listing CC and Dell as secured (as I had told her to list then non secured)that we will just wait and see what they do.

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