Pelfrey Informational Thread - One Post Condensed Version

- 2/13/19 Update -
Thread Revive... please see from this point on it this thread... https://www.tacomaworld.com/threads/ch-7-bankruptcy-filed-9-6-18.567324/page-142

- Old Information Thread is Pretty Much Finished Out Now -



Since every thread about this topic usually turns into chaos and goes completely off topic and since people may actually need information, this can be that thread until otherwise noted.

This however is not a thread for speculation, rumors, dog pictures, etc. If you don't have information or an investment in this. Don't post. Plain and simple. This is an information/help thread only. Please keep it that way.

Disclaimer: I AM NOT A LAWYER

I am only posting what information I have into a condensed thread so that instead of making people go through 50+ pages to find information, they can possibly find it in one spot.

I am also not going to go back over previous information concerning Facebook, Instagram, or TW posts by Pelfrey either. That is all available and everyone has seen it and there is no need for it here either again.


To Begin...
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Chapter 7 Bankruptcy was filed under Case 18-05409-MM7 on 09/06/18 using Official Form 101 - Voluntary Petition for Individuals Filing for Bankruptcy in the Southern District of California by their Attorney, Name Redacted. It was officially entered at 18:30:29, the full document is a 74 page PDF. (The Full PDF will NOT be posted here, I have posted a portion of the PDF with redaction's made to it however, it is located on Post #2)

This is a Chapter 7 Bankruptcy filing on behalf of Tyler and Satin Pelfrey... from what I can read, personally, not as a business.
I won't post the full description of what a Chapter 7 is, but you can read it at the following link since it explains everything in detail.
http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics

Common Questions Regarding Chapter 7 Bankruptcy from the Law Offices of Sutton & Sutton in Lakewood, CO

One note: All individual bankruptcy filers are required to complete pre-bankruptcy credit counseling and pre-discharge debtor education. These may not be provided at the same time. Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file.

http://www.uscourts.gov/services-forms/bankruptcy/credit-counseling-and-debtor-education-courses

Pre-bankruptcy credit counseling was completed... by one of the parties prior to filing and on August 27th.
(I do have the certificate of completion on this as well, no, it will not be posted, don't even ask, don't even PM me.)

Also... per @TLA, they are still missing info needed, so there are still things that will be brought to light on all this possibly.

Chapter 7 Bankruptcy and Collections
Filing a petition under chapter 7 "automatically stays" (stops) most collection actions against the debtor or the debtor's property. 11 U.S.C. § 362. But filing the petition does not stay certain types of actions listed under 11 U.S.C. § 362(b), and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.

This would essentially mean that by them filing Chapter 7, it would stop collections against them. You can still attempt it, but once again... IANAL. I am not sure how this would work since they possibly filed as individuals and not as a business entity.

What You Can Do Now Potentially, Results Will Vary from Bank to Bank.
IANAL... DO THE BELOW AT YOUR OWN RISK!
If you paid with a Credit Card:
You can attempt to perform a chargeback through you credit card via your online account or by calling your card holder with the number on the back of your card, you will need to know the date of the transaction and more than likely the amount of the transaction. They will require more info and you will need to explain why.

If you paid with ACH Transfer:
This becomes tricky... your best bet will be to physically go to your bank and explain your situation as this could vary bank to bank. It is possibly that you can do a ACH Chargeback but the bank will possibly have to perform an investigation into it first so you will need to provide paperwork.
Not all banks have 24/7 Hotlines for Fraud... bigger ones do, smaller ones may not, your results may vary.
My experience with my local credit union on 9/10/18 and doing an ACH Chargeback, will update as I learn more from my bank - https://www.tacomaworld.com/threads...condensed-version.567463/page-3#post-18672426


Note: I would also advise the following from a personal finance standpoint. If you are successful in getting your money back through either your credit card or financial institution and you performed the chargeback AFTER 9/6/18. DO NOT IMMEDIATELY turn around and spend that money somewhere else. Transfer it to a savings account, make it cash and put it in a safe deposit box, whatever you want to do, but DO NO SPEND IT. It could be a couple weeks before more information is known and you don't want to be 3, 6, 9 weeks from now and all of a sudden that money is being Federally Ordered returned to the account it was removed from or it is just removed without notice from your account one day. Just a thought...

Also... read this post by @indy500driver on page 3 of this Thread.
https://www.tacomaworld.com/threads...condensed-version.567463/page-3#post-18677815


Things to print off for your records or your for bank:
See Post #2 of this thread for PDFs of Bullet Points 3, 4, 5, and 6,

• Any Emails between Yourself and a @Pelfreybilt.com person that concern orders or invoices in question.
• Actual Invoices that show the amounts, dates, and product descriptions.
• Print off this post from what @indy500driver says, I have made it a PDF in Post 2 as well, it is called Getting Money Back Help. Was originally posted by @.45 JHP and I would like to give him credit for that still. Just does not need to be said twice.
• I have also printed off the screenshots on the first page of this thread https://www.tacomaworld.com/threads/ch-7-bankruptcy-filed-9-6-18.567324/ from the Pelfreybilt Facebook page as well, just in case.
• Print off that they have filed Bankruptcy two other times... Located here https://www.tacomaworld.com/threads/ch-7-bankruptcy-filed-9-6-18.567324/page-5#post-18659191 - Also can print out the PDF called 2001 Tyler Pelfrey Bankruptcy Filing.pdf
• Print off the forum posts for your respected Bumper Pre-Orders, 1st Gen, 2nd Gen, 3rd Gen. I have put PDFs for each on the 2nd Post of this thread. Just in case you have to explain what the product is.

What Now?

• FAQ for Creditors in Bankruptcy Cases

• https://smallbusiness.chron.com/can-business-owes-money-files-bankruptcy-734.html

• https://www.ehtc.com/resources/news...ney-from-a-Business-that-Filed-for-Bankruptcy

• Can you sue them as individuals? No, not at all. Sorry. Since filing, they are now protected against lawsuits as individuals because of filing Chapter 7.

• If you are listed in the filing, you should receive a letter stating so and instructions on what to do next in your mail. Their are 74 pages on the filing and 66 are just names and address of us and others, so if you were involved possibly, then you should have something in your mail I would suspect here in the next few weeks. I Received One called "Official Form 309A" from Their Attorney on 9/11/18, you can see mine here https://www.tacomaworld.com/threads...condensed-version.567463/page-4#post-18681908

• DO NOT CONTACT THE JUDGE VIA PHONE THAT WAS POSTED IN THE OTHER THREAD...

• Potentially file a complaint with the FBI and the Internet Crime Complaint Center for a Business Fraud Crime? https://www.fbi.gov/scams-and-safety/common-fraud-schemes/business-fraud - https://complaint.ic3.gov/default.aspx?

• You could file a complaint with the FTC if you want to, since they added online transactions to the fold - https://www.ftccomplaintassistant.gov/#crnt&panel1-1

• Contact the Attorney General of California. However, not sure how much this would even help you since this is a Federal Issue and not State but am still providing the contact info for them just in case. - https://oag.ca.gov/

• If you were part of a Pre-Order and were working with a Pelfrey Sales Manager to do a Group Buy for your region... it would not hurt to contact your States Attorney General in regards to this as well since it was multiple people for one type of product from one vendor and an incentive for having a group buy with more people was a bigger discount of some sort from the Vendor for the Product. Hopefully that makes sense in what I am trying to say.

• If you have Pelfrey clothing... don't throw it away or burn, please consider donating it to the lesser fortunate in your community. A simple Google search for places in your community and 5 minutes of your time is all it takes. This is also a great time to go through your closet and clean it out of stuff you might not wear anyways and donate it at the same time....

If you were named as a Creditor but actually received all of the items you bought from them and you would like your named removed from the paperwork as a Creditor, read the following. Thank you to @MTNHABITOVERLAND for providing this information.

Vendors that have stepped up to offer help or discounts on products to people affected by this entire ordeal. Please contact them for more information or read their posts below from the other thread.
@JLee aka Bay Area Metal Fab aka BAMF

@Mobtown Offroad

@Joshp767 with RCI Offroad is following in the footsteps of Mobtown Offroad and offering the following.

@RelentlessFab

@TacomaGuy23 with Locked Off-road

@traxman25 with 4x Innovations

@JDEMELLO

@CaliRaisedLed

This one post will be updated as best as I can with what information I can update it with instead of it being buried in multiple pages. If you have information to provide, please provide it and I will update accordingly.

Like I said, I Am Not A Lawyer... Do your own research, talk to your bank, make your own decisions, talk to your own lawyer if you want to. If you were named and listed you should receive mail in the coming weeks with official steps of what you will need to do next and what you can do officially.

I am involved in this as are friends so it affects a lot of people. The amount I had in is not as much as others, but money is still money and it sucks either way. Especially for a community I have been apart of for 2+ years now and have made so many friends out of.

So, good luck to everyone in all this, and who knows what will happen now.

Sincerely,
Steven

DO NOT QUOTE THIS POST IN A REPLY PLEASE. IT WILL BE EDITED AND UPDATED HERE AND THERE. I DON'T WANT MULTIPLE VERSIONS OF THIS POST IN THE THREAD PLEASE!

If you want to follow this thread, please, instead of cluttering the thread up with an emote or something else, please just click on Watch Thread at the Top Right above Post 1. I want to keep this as clean as possible. Thank you for understanding.
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Legend for the files below

1. Pelfrey FB Large - Screenshot from the Pelfrey Facebook Post about having to file and blaming social media, etc.
2. Previous Bankruptcy Filings - Screenshots of the previous filings that they have done in the past.
3. Chapter 7 Redacted - This the Chapter 7 Filing Paperwork that has been Redacted of Addresses. This only includes information for Pelfrey, no one from TW or anywhere else is on this file. Just way to much to try and go through and redact right now.
4. 1st Gen Bumper - PDF printout of the forum post for the 1st Gen Dual Swingout Rear Bumper Thread
5. 2nd Gen Bumper - PDF printout of the forum post for the 2nd Gen Dual Swingout Rear Bumper Thread
6. 3rd Gen Bumper - PDF printout of the forum post for the 3rd Gen Dual Swingout Rear Bumper Thread
7. 2001 Tyler Pelfrey Bankruptcy Filing - A PDF showing that Tyler had filed for Bankruptcy in 2000 and completed the filing in 2001 as well.
8. Merchant Account Information - This is the post by @indy500driver about the Pelfrey Merchant Account, original was from @.45 JHP so am still giving him credit on that.

Also thank you.

 

Linking this thread in OP in other thread.

 

I think we should move on to TWSS. Enough of this.

 

Couldn't agree more.




Would it be wrong if I included a Pelfrey patch with my TWSS gift...

 

Very well put together.

Feel bad for @ETXTacoma and the crew in Texas, I know that you were working hard to consolidate a big order...

 

Don't contact the judge AT ALL. Contact the US Trustee for the bankruptcy court assigned to these proceedings. I don't think I can provide his contact info, lest I get reply banned from this thread again.

 

Mods should lock this as an informative thread. Good stuff.

 

Thank you.

Yes, we worked with Michael a lot on a group order for Texas. All in all it sucks not just for us, but for every single person listed in the PDF as well. Also sucks for him in the way they treated him as (hope this is correct) hopefully he was just a unsuspecting person in it.

But that is neither here nor their, what matters now is trying to figure out the next steps for everyone and providing what information can be provided in the best way possible.

 

Contact the TX attorney general about the local group buy. It's a lever to put more pressure on them and enough people have been harmed for enough dollars.

 

That is fine, that information should be provided to the people listed in the PDF I would assume anyways.

 

Correct, but I’m pretty sure they pulled the PDF of the actual petition down when I got reply banned for posting it.

 

Ah, possibly. I have the PDF and I won't be posting it since it contains so many addresses and everything.

The contact info for the US Trustee is not in the document, only the address for the court.

 

I just PM'ed you his info

 

Check your pm’s.

 

I have added some more stuff to Post 2 of the thread as far as PDFs to print out for certain people along with a redacted version of the actual filing from 9/6/18.

It does not contain the full list of names, it only has the information from the first 7 pages and the very last page of the document. All Address and contact information has been redacted from it.

 

You’re missing Tyler’s personal Chapter 7 field in 2001.

 

Yea, I guess I don't have that one. I only have the 2009 one.

 

I would also try to get a screenshot of the last deleted Instagram post and the current last two posts. While I do not know if they would help but you could consider that they were falsifying the investors front to get people to hold off filing a paypal or CC claim so that when the person is on the list they can no longer go after them. Again I do not know if that would help but it could. I mean who knows the real story....

 

@ETXTacoma

FYI, I am the OP for your 'Merchant Account Info' @.45 JHP post and 'Getting Your Money Back' PDF's you made. My original post had both Visa and MasterCard rule documents, the PDF 'Getting Your Money Back' is missing the MasterCard page, you only have the Visa one..
If you want to figure out how to avoid question posts in this thread on that topic, I can chime in if you'd like me to.

I also re-attached the missing MasterCard page and the Visa one just for ease of use if you want to update the 'Getting Your Money Back' PDF