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[ 14 posts ] |
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Bankruptcy (not mine) legal advice
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Gunnibronco
Official CCB Member
Joined: Mon Jan 03, 2011 6:07 pm Posts: 4074 Location: Gardnerville, NV
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Bankruptcy (not mine) legal advice
Not sure where to turn.
Anyone here a bankruptcy lawyer? or know a good/reasonably priced one?
A person/company who purchased my company has filed bankruptcy while still owing me a substantial amount of money.
Its not going to ruin my life if I don't get it, but feel like I should pursue protecting my rights. But.... if I'm not going to see any money, I really don't want to spend much time or money on this.
Really, looking for advice & to educate myself on if/how/why to proceed.
I talked to the one lawyer familiar with the sale of my business, but of course he is already representing another creditor, and can't "take my case"/conflict of interest. He shed some light on how I can proceed without getting too expensive, but it really just has led me to more questions than answers.
_________________ "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." – Claire Wolfe 74-AWB 98", ZF5, Atlas4, TGW HP1060 and HP1014 axles, ARBs, 37's, 3.5" lift-5.5" front coil springs, Tahoe rear springs, EFI 302, h-boost, York OBA, 4x4x2, custom dash & gauges 72 U15- Explorer Sport-Candyapple Red (1 of 141)
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Fri Mar 07, 2014 2:00 pm |
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Gunnibronco
Official CCB Member
Joined: Mon Jan 03, 2011 6:07 pm Posts: 4074 Location: Gardnerville, NV
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Re: Bankruptcy (not mine) legal advice
No lawyers in CCB? I guess that is why it is such a cool club.
_________________ "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." – Claire Wolfe 74-AWB 98", ZF5, Atlas4, TGW HP1060 and HP1014 axles, ARBs, 37's, 3.5" lift-5.5" front coil springs, Tahoe rear springs, EFI 302, h-boost, York OBA, 4x4x2, custom dash & gauges 72 U15- Explorer Sport-Candyapple Red (1 of 141)
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Sat Mar 08, 2014 10:23 am |
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cpldavis37
Official CCB Member
Joined: Sun Oct 16, 2011 7:45 pm Posts: 357 Location: Thornton, Co
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Re: Bankruptcy (not mine) legal advice
Bankruptcy Lawyers sometimes offer free consultation also some lawyers will take your case for a % instead of hourly. Depending on the amount of money it could be worth hiring a lawyer. Don't quote me but when a business files for bankruptcy dependent on what chapter (ie 11 13 or what ever) they sometimes have to pay debt owed. It is my understanding that it can be first come first served. What I mean is the first creditors to file claims get payed and this goes on until the money is gone. Then again I could be totally wrong.
_________________ TJ "Everyone suspects himself of at least one of the cardinal virtues, and this is mine: I am one of the few honest people I have ever known." F. Scott Fitzgerald 1974 Ford Bronco 3 1/2 inch James Duff lift ,2 inch body lift, 351w Explorer EFI, Viper built c4, Viper built Dana 20 with wildhorses twin stick, Kinder built Dana 44 with 4.56 gears disc brakes aussie locker and knuckle over conversion, Kinder built 9 inch with grizzly locker 31 spline axles and 4.56 gear
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Sat Mar 08, 2014 12:50 pm |
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Gunnibronco
Official CCB Member
Joined: Mon Jan 03, 2011 6:07 pm Posts: 4074 Location: Gardnerville, NV
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Re: Bankruptcy (not mine) legal advice
Thanks.
In this case the person has filed bankruptcy (chapter 7) but not the corporation. He is muddying the waters and seems to be fooling around with the company's assets/my collateral. So it looks like I stand to get some of my money, maybe.
Hopefully I can get someone who wont cost me more than I can recoup.
Sent from my C771 using Tapatalk 2
_________________ "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." – Claire Wolfe 74-AWB 98", ZF5, Atlas4, TGW HP1060 and HP1014 axles, ARBs, 37's, 3.5" lift-5.5" front coil springs, Tahoe rear springs, EFI 302, h-boost, York OBA, 4x4x2, custom dash & gauges 72 U15- Explorer Sport-Candyapple Red (1 of 141)
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Sat Mar 08, 2014 1:36 pm |
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Moab Mike
Official CCB Member
Joined: Mon Jan 03, 2011 2:59 pm Posts: 1940 Location: Witness Protection Program
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Re: Bankruptcy (not mine) legal advice
Can you seize the company for nonpayment?
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Sat Mar 08, 2014 2:06 pm |
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Justin
Official CCB Member
Joined: Sun Oct 10, 2010 12:04 am Posts: 6198 Images: 0 Location: Lakewood
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Re: Bankruptcy (not mine) legal advice
If he's incorporated as an LLC, mixing company assets with his own may invalidate the protections provided by the LLC and could allow you to go after both the company and him personally. I'm a lousy lawyer and my wife hadn't ever practiced in this area. It'd absolutely be worth your time to have at least a one time consult with an attorney.
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Sat Mar 08, 2014 2:16 pm |
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Gunnibronco
Official CCB Member
Joined: Mon Jan 03, 2011 6:07 pm Posts: 4074 Location: Gardnerville, NV
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Re: Bankruptcy (not mine) legal advice
_________________ "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." – Claire Wolfe 74-AWB 98", ZF5, Atlas4, TGW HP1060 and HP1014 axles, ARBs, 37's, 3.5" lift-5.5" front coil springs, Tahoe rear springs, EFI 302, h-boost, York OBA, 4x4x2, custom dash & gauges 72 U15- Explorer Sport-Candyapple Red (1 of 141)
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Sat Mar 08, 2014 2:49 pm |
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Kinder
Official CCB Member
Joined: Wed Sep 29, 2010 10:03 pm Posts: 4371 Images: 0 Location: Parker, CO
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Re: Bankruptcy (not mine) legal advice
My neighbor is a lawyer, but I think he works with social issues not business issues, anyway I'll ask him if he knows someone out your way.
_________________ Best to Date MPG: 26.6
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Sun Mar 09, 2014 9:06 am |
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Gunnibronco
Official CCB Member
Joined: Mon Jan 03, 2011 6:07 pm Posts: 4074 Location: Gardnerville, NV
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Re: Bankruptcy (not mine) legal advice
Thanks.
I was told by 2 different lawyers to make sure to get someone who specializes in this stuff, not a divorce attorney. Lol.
Sent from my C771 using Tapatalk 2
_________________ "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." – Claire Wolfe 74-AWB 98", ZF5, Atlas4, TGW HP1060 and HP1014 axles, ARBs, 37's, 3.5" lift-5.5" front coil springs, Tahoe rear springs, EFI 302, h-boost, York OBA, 4x4x2, custom dash & gauges 72 U15- Explorer Sport-Candyapple Red (1 of 141)
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Sun Mar 09, 2014 10:13 am |
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Justin
Official CCB Member
Joined: Sun Oct 10, 2010 12:04 am Posts: 6198 Images: 0 Location: Lakewood
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Re: Bankruptcy (not mine) legal advice
Yes, absolutely get someone that specializes in this stuff. My wife can take great care of you if you stab someone, but would be totally clueless in this area of law.
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Sun Mar 09, 2014 10:32 am |
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akaFrankCastle
Official CCB Member
Joined: Wed Oct 27, 2010 6:25 pm Posts: 4901 Images: 0 Location: Colorado Springs
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Re: Bankruptcy (not mine) legal advice
_________________ Stroppe'd 1972 Sport, 302, 3 speed with old school Duff floor shifter, T shift Dana 20 with JB Fab twin stick, 4.11 gears with Trac-loc, Lincoln hydroboost, Chevy disc conversion, WH gas lift gate shock kit, 33" Duratrac tires on slots and about 2.5" of lift, Stroppe installed: bumper braces, dual shocks on all four corners, GM power steering, trans cooler mount, auto shift column, rollbar.
The Terrible One 1972 Sport uncut, 302, C4 with 1974 column , T shift Dana 20, 3.50 gears w/ limited slip, 1966 U13 Roadster kick panel, and factory power steering.
1973 Stroppe Baja project
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Sun Mar 09, 2014 10:33 am |
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Gunnibronco
Official CCB Member
Joined: Mon Jan 03, 2011 6:07 pm Posts: 4074 Location: Gardnerville, NV
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Re: Bankruptcy (not mine) legal advice
_________________ "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." – Claire Wolfe 74-AWB 98", ZF5, Atlas4, TGW HP1060 and HP1014 axles, ARBs, 37's, 3.5" lift-5.5" front coil springs, Tahoe rear springs, EFI 302, h-boost, York OBA, 4x4x2, custom dash & gauges 72 U15- Explorer Sport-Candyapple Red (1 of 141)
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Sun Mar 09, 2014 11:21 am |
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Justin
Official CCB Member
Joined: Sun Oct 10, 2010 12:04 am Posts: 6198 Images: 0 Location: Lakewood
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Re: Bankruptcy (not mine) legal advice
Thanks! I'm planning to call you, but was working yesterday almost straight through from 8am to 2am. Gotta love being the manager on call! You've been there.
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Sun Mar 09, 2014 1:58 pm |
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Gunnibronco
Official CCB Member
Joined: Mon Jan 03, 2011 6:07 pm Posts: 4074 Location: Gardnerville, NV
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Re: Bankruptcy (not mine) legal advice
_________________ "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards." – Claire Wolfe 74-AWB 98", ZF5, Atlas4, TGW HP1060 and HP1014 axles, ARBs, 37's, 3.5" lift-5.5" front coil springs, Tahoe rear springs, EFI 302, h-boost, York OBA, 4x4x2, custom dash & gauges 72 U15- Explorer Sport-Candyapple Red (1 of 141)
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Sun Mar 09, 2014 4:52 pm |
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