Bankruptcy Chaper 7

[dave1949]

I'm sure threepoint described the judge's role more accurately as one of oversight of an agreement previously hashed out. I suppose the judge could reject, ask for modification, or accept the agreed terms before the oversight stage begins? Not in my area of experience, fortunately I guess.

 

[aczlan]

The comment Legal Theft is due to know where cattle and tractors are purchased by check and hauled away . To have check bounce and then be notified of bankruptcy so unable to sue to get a return.
The person filing the chapter 7 is able to continue to operate business, farm or dairy and be free of debt.

Per ABI Consumer Bankruptcy Committee Newsletter it appears that IF it can be proven that the buyer wrote the check knowing that it would bounce, they could be subject to criminal fraud charges and they MAY not be dischargable in bankruptcy.

Aaron Z

 

[Ken]

Per ABI Consumer Bankruptcy Committee Newsletter it appears that IF it can be proven that the buyer wrote the check knowing that it would bounce, they could be subject to criminal fraud charges and they MAY not be dischargable in bankruptcy.

Aaron Z

I helped load a trailer load pregnant pedigreed cows and saw the driver show proof of financial information. Don't know what was shown.
Owner took the check and next day went to town deposited the check. Then a phone call told him the check bounced.
The cattle were in Indiana and when he contacted the buyer he had already filed Chapter 7 .

Local lawyer suggested to get advice from Indiana which was done . This went on for 4 years when it was decided that the buyer. could keep and no debt was due. Now the cattle are gone don't know where .

When #7 is filed cannot contact the person or file a lawsuit against him he is free to go on and forget you if so says the judge.
This is where I asked has anyone had this happen to them and what did they do.

When the feds. and IRS. get started there is no end until money is gone.
ken

 

[SPIKER]

If he had knowingly do so in buying the cows with a bad check then I would say fraud, even if he did file ch 7. Owner defrauded should have gone and got the cows back on day one with force as it was theft by deception. 4 years later might not be much he can do but file in local (where guy took possession and wrote bad check) legal system for the bounced check.


otherwise use the losses carried forward against taxes due and deduct all of it.

m

 

[Stimw]

Everyone has skipped over the fact that the lawyers involved will always get paid first, second and last!

 

[mjarrels]

The GM scam changed the rules forever.

mark

 

[SPIKER]

Everyone has skipped over the fact that the lawyers involved will always get paid first, second and last!

very true that is why they are very pro-Congress and often involved in writing laws that only they can interpret it as well as preventing others from even attempting to defend against them.

Now back to the other question was hearing that now if someone owes a debt then you can go after their Social Security even... yep

M

 

[Steppenwolfe]

Once the IRS comes in, NOTHING is left. Lick your wounds...

 

[Ken]

If he had knowingly do so in buying the cows with a bad check then I would say fraud, even if he did file ch 7. Owner defrauded should have gone and got the cows back on day one with force as it was theft by deception. 4 years later might not be much he can do but file in local (where guy took possession and wrote bad check) legal system for the bounced check.


otherwise use the losses carried forward against taxes due and deduct all of it.

m

Spiker reading directly from my notice .
Creditors May Not Take Certain Actions. Chapter 7 filing of bankruptcy case automatically stays certain collection and other actions against the debtor and the debtors. property
If you attempt to collect a debt or take other action in violation of bankruptcy code you may be penalized.
common examples include contacting the debtor by telephone, mail or other wise to demand repayment; taking
action to collect money or repossessing the debtors property. starting or continuing of lawsuit foreclosures:
And it goes on and on.
Now some where in this it says to leave the dead beat alone to enjoy the fruits of legal theft.
And in 8 years he can again file chapter 7.

Now the filing income tax deduction where is this found in the tax code. I find only 50 % deduction prorated over years.
ken

 

[Ken]

Everyone has skipped over the fact that the lawyers involved will always get paid first, second and last!

Stimw
I agree with you on this and can deduct the expense from my taxes.

Amazing how a lawyer talks big and is able to get things done then at mention of Chapter 7 curls his tail and charges you to tell you its over for him.
ken