Pelfrey Informational Thread - One Post Condensed Version

PayPal filed in my favor

Worth noting that I filed on August 31.

 

Good to hear from both of you!

 

If I were you all, I would show up to the BK hearing and demand to be removed as a creditor!

I also don't think my post #110 is harmful for anyone to do, the Third Party Provider wont come after you, they are contracted with the Pelfreys and they should be appropriately in the CH 7 listed as a creditor... not you all.. Mention Reg E to your bank, and they may just eat the cost of fighting and credit you themselves.

 

Damn so I have to do extra work to be added to the master list if I was not listed?

 

Ah so is it a good thing they forgot to name me in the list? I have filed a dispute but not sure if I should be on this list or not since they *missed* me

 

Exactly what I’m thinking...

 

If you lent them money, then you are a creditor and should be included. Does your purchase receipt also say Loan Agreement and list you as the Lender? Its safe to assume that would be an emphatic NO...
None of their customers are lenders to them right????

 

Agreed and that’s what I was thinking. Just want to make sure that not being in it is a good thing or bad thing. My deposit was wrapped up in another order so my guess is they overlooked it. It was done way before the TW wide GB.

 

You could go to court to petition for the judge to NOT grant them Chapter 7, AND YOU SHOULD DEMAND to be removed from a creditor list because none of you are lenders, you dont have loan agreements with them as lenders you have purchase receipts for products you ordered, any judge will see right through them here and remove you all.

Even if you are listed as a creditor, you are not getting your money back from them anyway by disputing, you're getting it back from a guarantor of their ACH/Credit/Debit merchant accounts. Remember, you won't be getting your money back from them, so dont worry if you're listed as their creditor, but even so, I would blatantly say openly to the court if you can, that you and most of the people listed on that BK document aren't lenders, their customers. The judge will turn red with anger and I would not be a bit shocked if their petition for bankruptcy is denied because of this or they are required to remove all people except actual lenders

 

I'm sure you all have noticed but just in case. Section 8 talks about Presumption of Abuse. Looks like if enough people claim and show abuse then their motion to file for bankruptcy can get dismissed.

 

Curious if anyone that used PayPal for their transaction and that filed a dispute has heard anything from PayPal or spoken to them beyond their online portal and email? I filed on Sunday night and have yet to receive any response. I realize it's early on and later than others did begin their dispute. Just curious what to expect from them and suggestion on specific strategy for PayPal

 

Here's what I've received so far.

 

This depends on whether or not your MasterCard # 5XXX-XXXX-XXXX-XXXX was used with a MasterCard merchant account or if your PayPal account and Pelfreys PayPal account was used. But I would not worry, as long as you filed, you should easily win your dispute.

 

I guess for the people that cannot get to the hearing like myself, I will be working on some form of letter to mail to the court in regards to the case.

 

To date if you have or have not received your funds back I STILL need to here from you criminal investigation is underway. I need your contact information first and last name, an email address you can be reached at and a phone number you can be contacted at.

Thank you all

 

Those who cannot attend can call the clerks office listed in section 6 on your official notice that came in the mail and ask if you may appear telephonically. Number is 619-557-5620. I'm a lawyer, who used to practice in San Diego, and this is regular practice for hearings. Be sure to have the case number immediately ready when calling the clerk, which is in the mail document you got (and at bottom of page 4 of this thread). For ease of reference and so you know what you're looking at, Case No. 18-05409-MM7

I will say though, I'm not sure what the judge will allow as far as creditor (you guys) questioning of Tyler and Satin.

 

Abuse is statutorily defined and not as you would use it in layman's terms. I'm not offering legal advice, but will provide the following link for you to see how difficult "abuse" is to demonstrate. https://www.law.cornell.edu/uscode/text/11/707

I'm not a bankruptcy attorney, but I know you won't be able to go in there with the documentation that's on this and other threads and claim abuse. It has more to do with, they have too much money to claim bankruptcy. Not, they were bad people and took orders right up to filing for bankruptcy.

 

I myself have more than one email from Satin directly stating she was leaving early and or would not be in the office because she was having a girls day out and or beauty treatments (hair, nails). . . whom's money was spent doing those things and was this before or after it was known that they were in financial trouble?

Added note the information I request of you guys is per the DA's office looking into this criminal "Theft by Deception".

 

Got my letter in the mail. Chase already took care of me. Gonna leave this in their capable hands.

 

I received the Official Form 309A, but I don't have any outstanding orders with Pelfreybilt. Everything that I ordered from them was delivered, and in fact they installed most of it.

Why would they include me in the list of creditors?