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Dell and Sears - What Will happen?

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    Dell and Sears - What Will happen?

    Ive finally decided that im going to file next month and have a couple questions. First off I have a credit card thru Sears with about $400 charged on it from Sears optical (I know thats a weird place to get glasses, but it was the only place I could go that I had credit at) and buying some tires. Because the sears card is secured is there anything they can do to get these items back? I can't see them wanting my glasses back Also I have a Loan thru dell on a laptop I bought back in March. I guess I have the same question for them too - because dell financial is a secured loan will they want my laptop back? I have no problem if they want to take it back, but Im just curious if they are going to ask for it.

    Also I have a loan thru Ford credit for my truck. Ive decided I just want to give it back at this point. Right now Im a month overdue on my loan, but how soon after filing are they going to want the truck back? Im hoping I have at least a couple weeks before they take it back, because I need time to save a couple bucks so I can buy a beater to drive for awhile.

    Thanks!
    Filed: 10/3/05
    341: 11/15/05
    Discharge: 1/14/06

    #2
    Regarding Sears...I was told they would show up at the 341. They never did. A year ago I bought my wife a sewing machine. I thought for sure they would want that back. It has never been discussed. I wouldn't worry about Sears. I have no experience with Dell or giving a car back.

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      #3
      Originally posted by J Armstr
      Regarding Sears...I was told they would show up at the 341. They never did. A year ago I bought my wife a sewing machine. I thought for sure they would want that back. It has never been discussed. I wouldn't worry about Sears. I have no experience with Dell or giving a car back.

      I heard that too. It surprises me since apprx 1.5million people file every year and if half or a third of those filers have sears credit how does sears get over half a million atty's to dispute all those charges. They must only go to "extreme" cases such as very large charges in recent months.

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        #4
        Thanks for the answer, hopefully they don't show.


        Anyone know the answer to Dell or my question about my truck?

        Thanks...
        Filed: 10/3/05
        341: 11/15/05
        Discharge: 1/14/06

        Comment


          #5
          As far as Dell - if its a secured loan by the pc - they might want it back (I doubt it). Pc's are a dime a dozen, it would used........
          The truck, they will repo or ask you to surrender....they will usually call you or notify you where to take it.... Sometimes that takes a while...may even be after discharge. That is debatable....

          Keep us posted!

          Minny
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

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            #6
            Its unlikely that the creditors will want to repo the items you charged.

            Good Luck!
            The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

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              #7
              Just happened to meet the 'Sears guy' a few weeks ago. Sears always used to show up, either wanting the property back or to try and press for a reaffirmation. When Citi bought the Sears card operation, he and all the others suddenly lost their jobs with a phone call. (didn't ask him if he had to file, himself...) Needless to say, Sears does not show up @ 341's anymore (although if a guy was to charge a bunch @ Sears & file the next day, it wouldn't surprise me if Citi hired a local lawyer to raise a stink about it)

              Comment


                #8
                Originally posted by bezoar
                Just happened to meet the 'Sears guy' a few weeks ago. Sears always used to show up, either wanting the property back or to try and press for a reaffirmation. When Citi bought the Sears card operation, he and all the others suddenly lost their jobs with a phone call. (didn't ask him if he had to file, himself...) Needless to say, Sears does not show up @ 341's anymore (although if a guy was to charge a bunch @ Sears & file the next day, it wouldn't surprise me if Citi hired a local lawyer to raise a stink about it)

                Yeah, it just costs too much money to dispute some of these charges. That's what surprises me that Sears ever showed up. If someone charges a lawn mower or a couch or bed at Sears and files bk and they show up at the 341 to take this stuff back, what could they possibly do with it? Their atty fees and the garage sale they must have to liquidate this is not worth the time.

                Comment


                  #9
                  Perhaps it's the principle of the thing. Why should you get to keep something you didn't pay for? Isn't that like stealing? The right thing to do would be to surrender the secured property if you're not going to pay for it.

                  Comment


                    #10
                    Originally posted by Lightning
                    Perhaps it's the principle of the thing. Why should you get to keep something you didn't pay for? Isn't that like stealing? The right thing to do would be to surrender the secured property if you're not going to pay for it.

                    Nice try! No one broke into a store and "stole" anything. Your banker friends gave us all an invitation to buy whatever we want. I just received a few more mailings today. I can't even afford to pay what I already owe and they know this since they know what I owe and know my income. I got a couple of hundred "invitations" or so this year alone inviting me to do whatever I want with their money and pay it back if I am able to.

                    Comment


                      #11
                      Stop playing the victim.

                      Obviously you're literate which means you actually read the financing contract you signed agreeing to pay for the item. Rather than being a thief, would you just prefer to be a liar?

                      Stealing doesn't just happen when breaking and entering or violence are involved. You walked into a store, walked out with merchandise, and told the merchant, "I'll pay you later." You didn't. And you kept the stuff.

                      Comment

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