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Legal Counsel

Discussion in 'Site Suggestions and Questions' started by DeDolfan, Apr 2, 2008.

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  1. DeDolfan

    DeDolfan Premium Member Luxury Box

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    I'm wondering if we have any attorneys in our membership who may be familiar with bankruptcy law. I have recently received notice that I am a creditor in a bankruptcy case and I am not sure how to proceed next as I've never been involved with such before. If anyone is willing to offer advice it will be greatly appreciated and if so, please give me a PM. Thanks in advance.
     
  2. DrAstroZoom

    DrAstroZoom Canary in a Coal Mine Luxury Box

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    The only attorney I know in our membership is Phunwin, but I'm not sure what his specialty is.
     
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  3. DeDolfan

    DeDolfan Premium Member Luxury Box

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    Thanks, Doc. Maybe there are others and may reply. I appreciate it.
     
  4. njfinfan

    njfinfan The First Lady

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    I think Jdang said he was an attorney as well but not sure what his specialty is. I also think dont fumble is a lawyer. You can PM them and ask if they are.
     
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  5. Section126

    Section126 We are better than you. Luxury Box

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    I have been a creditor in a Bankruptcy case and the company that filed for bankruptcy settled with the court to only pay back it's largest creditor and I got screwed. (What I was owed wasn;t peanuts either (middle 4 figures)

    You really have no hope to collect.
     
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  6. Finfangirl

    Finfangirl Season Ticket Holder Luxury Box

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    i think hollifinfan is also an attorney....not sure what type.
     
  7. Finfangirl

    Finfangirl Season Ticket Holder Luxury Box

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  8. Celtkin

    Celtkin <B>Webmaster</b> Luxury Box

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    She's an educator :)
     
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  9. DeDolfan

    DeDolfan Premium Member Luxury Box

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    I've not ever been very optimistic about it anyway. it is for a shade < 10K so it won't bankrupt me, so to speak. My plan is to at least make this guy have to jump thru as many hoops as possible as it is the principal of it more than anything. And this was a guy that I worked with for years and was considered a very good friend and to be honest about it, the way he went about literally left me in shock as I just could not believe that this guy did what he did. But, his 341 hearing was last week and some of the details were sketchy and his case may not be confirmed [later this month].
     
  10. DeDolfan

    DeDolfan Premium Member Luxury Box

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    It is appreciated. I've seen alot of info about bankruptcies but this has a lot of it in one site. At least bankruptcy is thru US courts and not state courts. If it was a state matter, the law would vary widely from state to state.
     
  11. The Rev

    The Rev Totus Tuus Staff Member Administrator Luxury Box Club Member

    I think Jimmy James is a lawyer.
     
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  12. Ducken

    Ducken Luxury Box Luxury Box

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    I was a creditor when Oakwood homes in millsboro went belly up I guess. They owed me close to a grand for some work I had done for them. Got a ton of paper work, and got $0.00 money. I am guessing this is similar to the situation you are in. I am glad they did not owe me as much as you are owed, that would have hurt.
     
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  13. DeDolfan

    DeDolfan Premium Member Luxury Box

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    Mine was for time/labor involved. at least it wasn't like I put out any real $$$ tho. The biggest pain is that we have to go to Wilmington to the bankruptcy court. I realize that whole state is just one district but you might think they's center it in the state anyway since folks in Wilmington and Clayton, etc could go to Philly [and look up femalefinfan while they're there ;) ].
    But, i am not very optimistic at all of getting anything. But if what I heard the other day at his 341 meeting, he likely perjured himself and may be in some hot water. I'll do what I can to see that he is. What makes this so bad is that this guy is a dead beat and using the system to just beat ppl out of what he owes them. Anyway, we'll see. Stay tunded!!
     
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  14. alen1

    alen1 New Member

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    Wish you the best of luck DD.
     
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  15. DeDolfan

    DeDolfan Premium Member Luxury Box

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    Just to bring you up to speed on what's going on with this. To give a brief history on what happened. i used to work with this guy for years until i retired 4 yrs ago. Really thought i knew him well. He has an incorporated biz, still works the other job, and I started doing work for him thru my part time biz. Anyway, I was doing this with the idea that i would help him get rolling before I start billing him, after he started to get a decent cash flow. He desperately needed a couple of drivers, which i arranged on my personal recommendation as well as to arrange a personal loan by a 3rd party again on my recommendation. This was all to benefit his inc biz. After he secured the load, 21 days later and 2 days after these 2 drivers start work, he files chapter 13 in a personal bankruptcy. I didn't know of the BR filing at that time and didn't until a month or so later and i had no clue what was building up which pissed me off. He started to become very beligerent about alot of different things so I told him to run his own biz the best way he can. Anyway, since I made good with my end of our "bargain", i tallied up my bill for the past 3 months. Tallied the total time I spent, my other expenses incurred, etc and decided that I had better send it registered mail. I waited a min of 10 days to allow for delivery, return receipt and ample time for a response of some kind. About 2 weeks passes and I send another registered bill and about 2 weeks later, i get this notice from his atty about him filing chapter 13 and I was named as a creditor. I was like ????? as my bill was with his biz and not him personally. So, I go to the 341 creditors meeting and when my time came up, I told the court trustee that I didn't know why i was named a creditor in a personal case as my bill was against his biz. The trustee agreed and told me there was no stay against his biz, just him personally. [in chapter 13, the stay forbids and creditor from making any contact whatsoever in any attempt to collect any bill]. So, the next day, I'm off to the JP court to file a civil suit against the biz, before he went chapter 11 on that! ;) Then it was up to the JP and yesterday i received a letter from the JP court that I have been awarded a default judgment of the full amount simply because this dumb *** never responded to the suit papers. instead, his atty sent a letter saying that this guy personally has a suggestion of bankruptcy [this has been several weeks ago], sent one to the JP court. Apparently, this guy must have thought that his personal BR case protected his incorporated biz as well. Apparently not as i just sent back the notarized statement back to the court. Now, what the process from here on out is or how [or if] I get my $$$, I have no clue. But I'll keep you posted as things happen tho.
     
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  16. Muck

    Muck Throwback Uniform Crusader Retired Administrator

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    As someone whose business has been stiffed quite a bit the last few years, this warms my heart.

    It's too bad you can't get more for the aggravation.
     
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  17. alen1

    alen1 New Member

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    Good luck again bro.
     
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  18. Sethdaddy8

    Sethdaddy8 Well-Known Member

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    if im not mistaken, i believe the gov't is cracking down a bit on bankruptcy cases, and making the filer more liable than in the past. good luck.
     
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  19. DeDolfan

    DeDolfan Premium Member Luxury Box

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    Thanks Muck. But you know what? I would have forgiven every penny that this guy owes me had he been straight forward and honest with me about the whole thing. Couple that with how I had considered him a "good friend" as well, but the very fact he took advantage of me in my securing these things for him based on my personal recommendation of him. All along he knew very well what he was going to do and made me look like a damned fool in the eyes of these other folks. So, it was strictly a matter of principles and the $$ actually had nothing to do with it. It just turns out that the $$ was the only avenue and recourse I had to make my point known to all concerned.
     
  20. DeDolfan

    DeDolfan Premium Member Luxury Box

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    That's what I thought to be true also. Other creditors have lawyers involved in this case and his confirmation has been postponed 3 times already for compliance, basically. Every time, it appears that everything has not been disclosed as required, so it's postponed again. The lawyers say that this case is under "total investigation", whatever that really means", and they think he'll not be confirmed. If not, that will really put him behing the 8 ball!
     
  21. DeDolfan

    DeDolfan Premium Member Luxury Box

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    A successful update. Sort of anyway as it is still not all over with. The bankruptcy part is. This guy that filed chapter 13, well actully his lawyer, screwed up so much. after the creditors' meeting, there were 5 more confirmation hearings. The guy actually perjured himself by not disclosing all required info accurately. There was another guy that was on the hook for a bundle, alot more than myself and asked for my help. So, we were all over this like a couple pit bulls, doing investigative work and it was actually easy as the guy that asked my help was actually the BR guy's accountant for several years. This pointed us in a the right direction we needed. During the first confirmation hearing, we countered with info being wrong and his lawyer asked for to do an amendment. That was granted and a month later we're back up. thing is, we had access to this case online thru the BR system and knew what was being filed and when so there was no real surprise as to what was going on and we were prepared. After a couple more times of the same ole, same ole, his lawyer started coming up with so many excuses for not attending, ie emergency hearings on another case, family stuff, you name it. It got to the point where we started referring to him as "Maxwell Q. Klinger" of MASH fame who had every excuse in the book in attempting to get his section 8 discharge. The day before the last hearing was to take place, we saw where the lawyer filed, in the guy's behalf, a voluntary motion to dismiss the chapter 13 case citing the reason that this guy will use alternate means to pay his debts. Our lawyer tols us the reason was that they knew the case would be dismissed anyway and that the BR guy was suing his lawyer for botching up his case. i just LOLed for a long time when told that. Besides, it was also said that it they hadn't asked for dismissal, then they likely could be brought up on perjury charges. So, we're successful to a point to where we don't have to settle for 2 cents on the $ or outright receive nothing, but now we have to pursue other means now that the stay has been lifted via the dismissal. Now we have to contend with civil suits. Stay tuned.........I'll kepp ya posted as things happen.
     
  22. DeDolfan

    DeDolfan Premium Member Luxury Box

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    bump

    will have some interesting info on this soon.
    stay tuned!! ;)
     
  23. Crappy Tipper

    Crappy Tipper AKA Hero13

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    I have to deal with a lot of these in trying to reclaim the money for work. What bones you is that you don't have anything with a lien on it. You have to try to establish yourself as a priority creditor, contact the trustee and explain who you are and why you are owed. All considered I wouldn't hold my breath on recouping anything because after legal, liens and such you won't get much consideration.
     
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  24. DeDolfan

    DeDolfan Premium Member Luxury Box

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    You are correct. i don't expect to really gain anything really except satisfaction. it is the principle of it. But his motion to discharge my debt was denied and we go to trial next month. stay tuned!!!! ;)
     
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  25. Crappy Tipper

    Crappy Tipper AKA Hero13

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    Hang tight! good luck with it.

    A lot of them file, then either don't make the proper payments per arrangement or don't show to the necessary hearings and it gets dismissed.
     
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