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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26134
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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This question is for Roger, Lawyer Are you familiar with

Customer Question

This question is for Roger, Lawyer

Are you familiar with BK law in Idaho?

How can I be sure that someone who owes a real estate LLC I invested in money has not already filed BK.

The money is owed to an LLC I invested in not directly to me.

The managing member on the LLC I invested in may be trying to protect the person who owes us the debt because she was being paid bonuses by him to bring investors. ADA county Idaho
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Roger replied 9 months ago.

Roger : Hi - thanks for requesting me. I'll be glad to assist.
Customer:

This question is for Roger, Lawyer Are you familiar with BK law in Idaho? How can I be sure that someone who owes a real estate LLC I invested in money has not already filed BK. The money is owed to an LLC I invested in not directly to me. The managing member on the LLC I invested in may be trying to protect the person who owes us the debt because she was being paid bonuses by him to bring investors. ADA county Idaho

Roger : The simplest way to see if an individual has filed bankruptcy is to check the US Pacer court website for this individual's name.
Customer:

How did we get into Chat mode? I like it.

Roger : You'll have to create an account to do so, however: https://pacer.login.uscourts.gov/cgi-bin/login.pl?appurl=https://pcl.uscourts.gov/search
Customer:

Pacer I think I even have that bookmarked,

Customer:

Ok then how do I be sure I find out if he does file.

Roger : The other way you could check on this would be to pull a credit report on the person as a bankruptcy would show there.
Roger : There's no way to know except to continue checking periodoically.
Customer:

I'm afraid our Managing Member would just go along with his bankruptcy. Then we loose the chance to collect.

Customer:

Are you familiar with BK law in Idaho?

Roger : Unfortunately, there's no real way to prevent a bankruptcy filing by someone, so you can't insure against this.
Customer:

What is the best way to send question directly to you?

Roger : Bankruptcy law is federal law, so it's basically the same everywhere. There are some state-specific elections that come into play, however.
Customer:

How do I warn our managing member to notify us of any BK by the other party?

Customer:

Re federal, That's good.

Customer:

What is the best way to send question directly to you?

Roger : If you're a creditor of the person, then you would be notified of the filing under bankruptcy law.
Roger : For future questions, you can begin them like you did this one ("This question is for Roger"), and it will be directed to me.
Customer:

I'm not a creditor, the LLC i invested in is, but I do not trust our Managing Member.

Roger : The delay with this was due to me being in court today about 250 miles away from home and I just got in.....
Customer:

Perfect "This Question is for Roger" from now on.

Customer:

You do RE law as well?

Roger : IF you are not a creditor, then the only thing you could do is have a written contract/agreement that you would be notified if a bankruptcy is filed.
Customer:

Can I send you a 3 page bulit point case summary.

Customer:

I will pay bonuses for your inout.

Customer:

I dont understand: IF you are not a creditor, then the only thing you could do is have a written contract/agreement that you would be notified if a bankruptcy is filed.

Customer:

your input

Roger : Generally, only creditors are notified of bankruptcy filings.
Roger : If you were a stockholder of a company and it went bankrupt, you'd be notified.
Roger : Otherwise, you're generally not notified.
Customer:

but my LLC is a creditor so we get notified. As long as the managing member keeps the paperwork current on How we get notified. The "Address" of the our LLC my not be current.

Customer:

may not be current. The LLC was formed in 2007

Customer:

I will give you an excellent rating. What is a fair bonus?

Roger : That's right, if your LLC is a creditor, then it would be notified.
Customer:

The LLC gets notified. So I gotta be sure that all the records are current for it.

Roger : You should check your LLC's address and update it on the corporate filings with your state's Secretary of State.
Customer:

Secretary of state. But the managing member must do the update.

Customer:

I will give you an excellent rating. What is a fair bonus?

Roger : Whoeve has this authority can make the update.
Roger : Thanks for your courtesy.
Customer:

I expect to use this site for the next few months and would like someone to become familiar with the case.

Customer:

Logging off

Roger : I can't say what a fair bonus is; I've been tipped $1 and I've been tipped $50, so its really up to you - - and it's certainly not required.
Customer:

Thanks for your help

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26134
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 12 other Real Estate Law Specialists are ready to help you
Customer: replied 8 months ago.

Roger So far your advice has been good. I'd like to stick with you until I get this resolved.


 


Let's talk about how best to do that.


 


 

Expert:  Roger replied 8 months ago.
Hi -

I'm online. We can continue here, or yo can begin a new question. It really makes no difference to me.
Customer: replied 8 months ago.

The chat method works great.


 


How do we start a chat session?


 

Expert:  Roger replied 8 months ago.
I think you'd have to start a new question to do that - - you can just begin it with "For Roger" and it will be directed to me.
Customer: replied 8 months ago.

Ok Look for it

Customer: replied 8 months ago.

I sent it. Did you get it?


 


Are there instruction on the site how do start a chat?

Expert:  Roger replied 8 months ago.
Hi - just respond here to get this out of my queue.
Customer: replied 8 months ago.

Cool

Expert:  Roger replied 8 months ago.
Hi Kip -

No need to respond, I'm just clearing this question.

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