Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Your so welcome. Do you recall perhaps, what's been happening with the attorney of the adversary etc. or should i refresh...I'm sure you have so many...??
Okay, great, thank you...
so i attended the hearing of 5/6 to object to the debtors objections to my "claim", already set for trial. He thought I thought my claim was secured and it wasn't I knew it wasn't. He made a mistake telling the secured creditors he earned more money paid by his corp, than he should have told them. It was determined that he had equity in his house, and wasn't honest about that, trying to manipulate it. In one year he went from a chapter 13 to 7 to 13, and still didn't confirm a plan. He was told by the judge my complaint had merit, and to be ready for June Trial....The judge also told me I could most likely go after his corp, and I could get testimony of prior parties involved in my disso during his legal rep of me. The debtor moaned, groaned and had so many careless actions, excuses for his behavior and lack of due diligence etc. Everyone wanted the case dismissed, except the Debtor and the Judge.
HOWEVER, the Debtor on 5/14 requested the judge to dismiss the BK, and that meant she would be dismissing my Adversary Complaint as well...Then he could file in 180 days and I would be stuck doing this all over again...
HOWEVER, on May 22, she granted his dismissal and my Adversary at the same time.
THIS IS THE 'KICKER: ???
ON MAY 14th (the same day the debtor requested the relief of his BK ) he also sent me a letter and enclosed a check for $1,000 of the $10,000 he owes me. THE letter
was written on CORP letterhead, and states that the check represents the 'first' payment of the $10,000 I am owed and awared through Arbitration. That he will be sending me $1,000 each 15th of the month until it is paid in full.
He Signed it. He Sent me another $1,000 payment the
15th of June. BOTH CHECKS ARE CORP CHECKS.
OKAY KIRK, I'M FREAKING OUT HERE!!
This Attorney / Debtor is not trustworthy. He scams, deceives, lies, fabricates, manipulates, buys time, and misrepresents...etc etc etc etc....SO i'm wigging out that he is up to something...???
MY SECOND-GUESSING THOUGHTS ARE:
He can't file for 180 days personally, but he can file BK on his CORP...he stalls me with a few payments until he can get his CORP ducks and Personal ducks in a row...then he files Corp BK and so he rids himself of being able to pay his personal debt to me and others. Then he refiles BK when he can and when he is ready, and then says that his Corp is BK and therefore he has NO money, and no source to pay any creditors, me etc and files BK 7. Then I can't go after his Corp in Protection or him, especially since he showed in good faith that he tried to pay me, and had good intentions, Judge See...OTHER such Scenariors are Possible....
I HAVE an Abstract already filed and recorded. He has received that. I have a Writ Issued for Levy,BUT I have NOT Levied anything....
KIRK, I feel like a SITTING DUCK FOOL Just waiting for him to shoot me, or empty the water in the pond. OR, HE IS intending to pay me, and I would be sending him running or complicating a long and tiring ordeal with him to get to this point. It's such a 'Crap Shoot".
IF I WAS YOUR CLIENT AND BEING SOMEWHAT FAMILIAR WITH OUR CHATS OF THIS SITUTION, WHAT WOULD YOU HAVE A CLIENT DO...?
Thanks for reading this, I sorry for being so lengthy.
Sorry for the delay - - I got caught on a conference call.
If you were my client, I would certainly say to take the money! Accepting the money doesn't mean that you can't continue other collection attempts to seize money/proceeds from him. So, it should be fine to take the money and to CONTINUE trying to collect.
Unless you have agreed to stop collections as a result of accepting these funds, then you can go forward.
Also, IF another bankruptcy is filed OR if the corporation files bankruptcy, you can't stop that; all you can do is fight through it like you have been doing in order to preserve your lien.
IF the individual does file again, you can also file a motion for an IN REM ORDER against the person, which is a request to make the automatic stay ineffective to you and your claim so you can proceed with it - - this is done specifically to prevent a party from filing one bankruptcy after another to prevent collection. Here's a good link you can read about in rem orders: http://www.bankruptcylawnetwork.com/in-rem-orders-in-bankruptcy/
....No I did not agree to anything in order to have him make payments...as I mentioned, I didn't even know he was sending this letter on the same day he asked the judge for his BK to be dismissed... Also, I Just Can't Bring myself to accept that his intentions are honorable...However, Yes, I am cashing the checks...
Am I hearing you say, if I have a chance to Levy a Bank Account, even though he is making payments, that's okay
as long as I have not agreed to stop collections...I just think I will sen him running if I do that..if he is really going to be paying me in full...I just don't want to mess that up either...
I will read about IN REM ORDERS...Thank You.
In the meantime I am so confused about the direction I should take.... live it alone, and wait to see what happens, OR, "Gamble" on finding money in an account. I can't levy upon the CORP because the Arb did not grant the award to me from the Corp (even though my application and dispute is with both him and the corp).. The RCBA would not amend the award and cannot "fee award" to a company.. I have not gone into to Superior Crt to do it yet.
Kirk, why is he able to issue a check to me for HIS DEBT from the Corp Account, and Yet I can't levy the court account ?
Knowing what you know, do your gut instincts say to you what mine say to me... that when he files on his CORP, HE can then claim he has no money to pay me etc anymore?
Yes, there's nothing wrong with continuing with a bank levy as long as you haven't agreed to hold off on doing such in lieu of payments.
If you were my client, I would likely advise to take the money and hold off on any collection attempts until something goes wrong. That's a gamble, BUT you're likely to get more money via regular payments than from beating the bushes and looking for money or assets.
There's nothing wrong with the corporation paying you for the debt - - I can voluntarily pay off your debts if I choose, but that doesn't make me liable if I start and then stop before the debt is paid in full. So, the fact that the corporation is paying doesn't give you any right or standing to take action against the corp.
If the corp does file, what you're expecting is likely what would happen, BUT you can't stop that. So, it's probably best to just take what you can get now and deal with whatever comes when that happens - - you've done a pretty good job so far!
okay, I see. As nothing precludes me from taking other collection action, I can act accordingly, BUT it sounds like either way I go it's still a gamble. He's going to do what he going to do...I should keep on the path I have been on, and take it as it comes...OR I could go on a scavenger hunt and find nothing. I'm tired and have spent over five (5) years pursuing this...SO It sounds so good right now to take a break and take the money as long as I get it and be ahead of the game...It's been a very long and winding road
With this guy, like looking at last week's game...I was happy to have a moment to anticipate his next play, and be prepared. I thought, Yep, I bet that's what it appears he is setting up to do...BUT, the season is over and hopefully this is the "Final Playoff" Game being played.
BY THE WAY, I will take that as a HUGE COMPLIMENT from you as an such an expert; and I might say I MUST GIVE IT BACK TO YOU AS WELL, FOR BEING THERE FOR ME....Your Patience and tolerance of my relentless questions etc is more than sincerely apprecitated...
I'm glad to help!
This is a gamble, but you're likely more sure to recover via these payments from the corp. than you are trying to hunt down assets of this guy. Thus, it's likely better to stay the course at this point.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).