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Gene wrote:
On Wed, 25 Nov 2009 11:40:47 -0800, "nom=de=plume" wrote: "Eisboch" wrote in message ... "Rob" wrote in message ... If they file Chapter 7, the boats in the yard can be quickly returned to the owners. 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. 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. Rob - Been there, different circumstances. It depends on what you consider to be "quickly". In many cases a Chapter 7 filing ... voluntary or involuntary ... results in all the assets and property (owned by the business or not) being held until the bankruptcy court plows through all the records. It can take months. I had a similar experience to John's a few years back in Florida. I had a Scout stored at a boat yard storage and repair place. The bank called a note on them and they were forced into Chapter 7. There was no direct notice to those of us with boats at the yard. Similar to John, I became suspicious when I could no longer contact them. I took a ride to the yard only to find it locked up with a steel gate that was padlocked. I sat there for a while in my truck and noticed a van pull up, unlock the gate and pulled into the yard. I quickly pulled up behind him and entered as well. The guy in the van got out and started yelling at me that they were "closed". By this time the situation was clear in my mind, so I pulled my truck around him and backed it up to my boat and trailer. Told him I was taking my boat. He said I couldn't .. they were "bankrupt" and everything in the yard had been frozen by the court. He ran into the building to call somebody. Meanwhile, I noticed that the trailer had a flat tire. Another guy came out and helped me put a little air in the tire and he then got the keys to the van and moved it. Apparently he didn't realize what was going on. I dragged the boat/trailer out of the yard to the nearest gas station to fill up the tire and then headed home. Checked the local "legal notices" for the town and discovered they were in bankruptcy. Never heard from them again. Eisboch That's a scary situation. What would you have done if the police showed up before you split? Nothing? So, you're a cop. What are you going to charge him with? Theft of his own property? Breaking? Nope. Entering? Nope, the gate was open. Trespassing? Nope.... he had a right to be there if he was paid up. These are civil, not criminal issues. The cops *really* don't want to deal with this. Google replevin and detinue. You'll have a much cheaper education in this than mine.... Your sig line works wonderfully when directed at the plum. |
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