Gene wrote:
On Tue, 24 Nov 2009 19:45:42 -0500, wrote:

If they file Chapter 7, the boats in the yard can be quickly returned to
the owners.

"Can" be, but don't hold your breath. Get a lawyer... spend $$$$$$$$$
See Item 3 ===

If they are torn apart, in the middle of a service, you are
out of luck and will have to pay someone else to finish the job.

Oh, YEAH.... ever the optimist. ASSUMING (all or any of) the parts
can be found.

If they have an account started with you, with a balance, the bankruptcy
court can attempt to make you pay for the benefit of the trust.

Item 3===
Which is a wonderful ploy if they are trying to raid YOUR pockets to
pay THEIR encumbrances... WHETHER OR NOT anything has actually been
accomplished!

I agree on #3 - they will nickle and dime every penny they can get for
"expenses". Personal property that is in for repair is always released
prior to the auction and final "tally" if it's removed in the allowed
time frame.

Rob

On Tue, 24 Nov 2009 20:47:29 -0500, Gene
wrote:

On Tue, 24 Nov 2009 20:37:45 -0500, Rob wrote:

Personal property that is in for repair is always released
prior to the auction

Only so far as it is "free and clear." A less than honest mechanic can
create a very convincing labor lien based on services not performed.

If he is *really* clever he knows how to perfect a labor lien... if
not, he'll threaten and cajole. Your MilkToast position would make you
ripe for picking......... man up, dude......

again..... this isn't opinion.... I have battle scars....

I'm glad you two had this discussion. It lets me know my initial
inclination was correct - to cut the damn lock and take the boat home.

You know, I'm wondering now if the guy felt threatened by the bolt
cutter I was carrying. That damn thing had three foot handles.
--

John H

"John H" wrote in message
...
On Tue, 24 Nov 2009 20:47:29 -0500, Gene
wrote:

On Tue, 24 Nov 2009 20:37:45 -0500, Rob wrote:

Personal property that is in for repair is always released
prior to the auction

Only so far as it is "free and clear." A less than honest mechanic can
create a very convincing labor lien based on services not performed.

If he is *really* clever he knows how to perfect a labor lien... if
not, he'll threaten and cajole. Your MilkToast position would make you
ripe for picking......... man up, dude......

again..... this isn't opinion.... I have battle scars....

I'm glad you two had this discussion. It lets me know my initial
inclination was correct - to cut the damn lock and take the boat home.

You know, I'm wondering now if the guy felt threatened by the bolt
cutter I was carrying. That damn thing had three foot handles.
--

John H


I agree. It was an interesting discussion. Given that the boat was in an
open area, you would have a much better chance of not having a problem with
the police. I'd be cautious though about brandishing something that could be
construed as a weapon. Not sure what state you're in, but some states define
assault as "an attempt to menace by placing another person in fear of
imminent serious bodily injury."

--
Nom=de=Plume

Gene wrote:
On Tue, 24 Nov 2009 20:37:45 -0500, wrote:

Personal property that is in for repair is always released
prior to the auction

Only so far as it is "free and clear." A less than honest mechanic can
create a very convincing labor lien based on services not performed.

If he is *really* clever he knows how to perfect a labor lien... if
not, he'll threaten and cajole. Your MilkToast position would make you
ripe for picking......... man up, dude......

again..... this isn't opinion.... I have battle scars....

Why would a mechanic in a failing business have a motive to go to that
trouble? Maybe your experience is different than mine.

I have also seen that bankruptcy trustees can be rather flexible when it
comes to obvious ownership of a product. They really don't want to deal
with it.

Rob