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Ch. 7 Bankruptcy Filed 9/6/18

Discussion in 'Pelfreybilt Off-Road' started by T4RFTMFW, Sep 8, 2018.

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  1. Sep 10, 2018 at 6:32 PM
    #1261
    Mobtown Offroad

    Mobtown Offroad Boss

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    :rofl:
     
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  2. Sep 10, 2018 at 6:36 PM
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    kakwvu

    kakwvu Almost Heaven

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    I was gonna look into buying skids from y’all anyways when my truck gets back to Baltimore, and this is awesome you guys are doing this.
     
  3. Sep 10, 2018 at 6:36 PM
    #1263
    WBF610

    WBF610 Member well known

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    I think he “vaped” a little running out!!
     
  4. Sep 10, 2018 at 6:38 PM
    #1264
    ETXTacoma

    ETXTacoma Someone gave me a plasma cutter.

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    Awesome!!!

    I may be interested, but who knows, after this... the entire rear of the truck may be changing up anyways, if I do get money back, then it will more than likely go in a completely different direction and won't even have a rear bumper. If I don't get money back, then lesson learned and I will just need to save up again and then put the money to something.
     
  5. Sep 10, 2018 at 6:42 PM
    #1265
    TLA

    TLA Well-Known Member

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    Lots
    You cannot file a lawsuit against them seeking to collect the money owed or you may end up being held in contempt of court by the bankruptcy court. You cannot pursue collection actions against them. The state can be criminal charges against them, but you can’t bring civil clams for collections against them.
     
  6. Sep 10, 2018 at 6:50 PM
    #1266
    Trident904

    Trident904 Touching Drum Sets

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    However, once the bankruptcy court shitcans their case because the Pelfreys are blatantly fraudulent in this whole ordeal, those that got fucked over can file suit.
     
    DoorDing and TLA[QUOTED] like this.
  7. Sep 10, 2018 at 6:51 PM
    #1267
    TLA

    TLA Well-Known Member

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    Lots
    Correct.
     
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  8. Sep 10, 2018 at 6:51 PM
    #1268
    Riding Dirty

    Riding Dirty Sinner; saved by grace

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    That’s awesome to see some of you vendors offering stuff like this.
     
  9. Sep 10, 2018 at 6:53 PM
    #1269
    ETXTacoma

    ETXTacoma Someone gave me a plasma cutter.

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  10. Sep 10, 2018 at 6:53 PM
    #1270
    michael_kinnett

    michael_kinnett Well-Known Member

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    How many people here were notified by the court that they were involved?
     
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  11. Sep 10, 2018 at 6:54 PM
    #1271
    tcjacado

    tcjacado Well-Known Member

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    None yet, I believe
     
  12. Sep 10, 2018 at 6:55 PM
    #1272
    michael_kinnett

    michael_kinnett Well-Known Member

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    Then how could anyone be held in contempt of a court, with which they've had no summons, notices, nor orders otherwise?
     
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  13. Sep 10, 2018 at 6:59 PM
    #1273
    TLA

    TLA Well-Known Member

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    You don’t have to be noticed. Just knowing they have filed for bankruptcy is sufficient to prevent almost any creditors from pursuing collection actions.

    https://www.nolo.com/legal-encyclopedia/bankruptcys-automatic-stay
     
  14. Sep 10, 2018 at 6:59 PM
    #1274
    tcjacado

    tcjacado Well-Known Member

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    :notsure: plus the class action would be against the corporation not them personally.
     
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  15. Sep 10, 2018 at 7:01 PM
    #1275
    michael_kinnett

    michael_kinnett Well-Known Member

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    But this wouldn't necessarily be considered a collection attempt, but rather a notice of defrauding their customers. Difference being, collecting as a creditor has its own channels, but a class action for fraud against dozens of people denotes a crime, it's not an issue of money but rather intent.
     
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  16. Sep 10, 2018 at 7:06 PM
    #1276
    JLee

    JLee The Man! Vendor

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  17. Sep 10, 2018 at 7:07 PM
    #1277
    Sub_Par

    Sub_Par Well-Known Member

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    I like the cut of your jib.
     
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  18. Sep 10, 2018 at 7:11 PM
    #1278
    The Real Moondog

    The Real Moondog Well-Known Member

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    I have posted link after link making it clear that once proceedings are started actions cannot be brought against them. Simply put, they are protected. Even more simply put, it sucks too. I mean, you can sue the pope in a bastardy proceeding but it doesn’t mean you’ll collect.

    Edit:
    How does the filing Chapter 7 protect a person from credit collection, and other legal proceedings?
    The moment Chapter 7 is filed the automatic stay goes into effect which acts as restraining order against all collection and other financial legal proceedings pending against that person. After the case is filed, the court will mail a notice to all creditors ordering them to refrain from any further action against the person. Any creditor who intentionally violates the automatic stay may be held in contempt of court and may be liable in damages to the person filing.
     
    TLA[QUOTED], tcjacado and DoorDing like this.
  19. Sep 10, 2018 at 7:15 PM
    #1279
    tcjacado

    tcjacado Well-Known Member

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    But is the corporation the same as the person??
     
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  20. Sep 10, 2018 at 7:15 PM
    #1280
    Squeaky Penguin

    Squeaky Penguin Nothing Ventured, Nothing Gained

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    Could you not sue Pelfreybilt Offroad Inc. given the company didn't file for bankruptcy?
     
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