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    Physical Threats for Filing Bankruptcy

    Physical Threats of Violence

    This is a complicated matter, so I'll try to be brief and to the point. I will include as many details as possible.

    I have been renting a house from a fellow coworker. We both work for a large, North American railroad company. We frequently work with each other and work out of the same terminal.

    About two years ago, I suffered a seizure while at home. I was off work, with VERY minimal income for over 6 months. I was able to return to work, but have been in debt, with debt accruing over the months. After six months of no further seizure activity, I was able to return to work.

    Approximately 6 months after the seizure, I started having severe back pain with numbness and tingling in my left upper leg. The pain was so bad, that my personal physician had me taking large doses of narcotic pain relievers, including the Fentanyl (Duragesic) Pain Patch.

    I have been going to the doctor monthly and continue to use Percocet daily for the pain. I frequently have to take off work to take the meds as railroad policies and rules (including the Federal Railroad Administration) prevent the use of narcotic pain meds while on, or subject to duty. This has caused further loss of income due to missing work days.

    I am currently $80,000 in debt, owing $3,500 to my landlord (coworker). My landlord/coworker has filed an eviction notice with the court in the county in which my family and I reside. He is also seeking to recover the $3,500.

    I called him today and told him that I was going to have to file bankruptcy due to the amounts I owe. He tried to tell me that I needed to go to court and accept the judgment and pay him in some type of installment plan. I told him I could not afford to pay the debt, find a new place to rent, and move in. It is absolutely out of the question.

    He got very angry on the phone and told me to quit running my mouth and listen to what he was trying to say. I feel really bad about having to file for bankruptcy, but there is NO other way.

    I asked my landlord if I could give him $2,300 that I could borrow from a friend, to be paid back at a MUCH later date. He told me he was going to "beat my ass" if I filed for bankruptcy. I told him I appreciated the help he has given me, but I did not want to be threatened. He repeated the same threat two additional times while on the phone with me. I really feel he may try to get me fired or possibly injury me or my family. He was really hateful.

    Anyone have any suggestions for me as I am really worried. Our companies policy prohibits threats to other employees. He made the threats while at work. I had just got off duty this morning. I was home when he made the threats on the phone. Any ideas would be appreciated.

    Joseph
    Last edited by jos3ph; 10-15-2008, 09:46 AM.

    #2
    Sorry, about posting the same message twice, but I'm so nervous and worked up I didn't even realize I did it. My apologies.

    Comment


      #3
      Well

      if he is threatening you I am sure you can report it to the police because any person/or collector should not threaten you...but If you want to keep that friendship in tact why cant you file and just not list him or keep an agreement with him saying you will pay him back? Like for example after you file bankruptcy you can still agree to pay off certain debt...so maybe then he wont be mad if you discuss this with him.
      Filed-10/2008
      341-12/10/2008
      Discharged-3/17/2009

      Comment


        #4
        After he cursed me out, he hung up the phone.

        Comment


          #5
          The friendship is definitely over because of the way he talked to me. Before he hung up, he told me I better not file.

          Comment


            #6
            After you complete your bankruptcy and you are discharged from the debt you owe him, pay him back. If he threatens you again "look him in the eye" and tell him you will take it to the boss in addition to getting a restraining order if he threatens you again. Tell him you have had enough crap going on and don't need to get in a pissing match with him. Also, tell him you intend to pay him back but he needs to back away or you will definitely leave it discharged with your bankruptcy debt and he won't receive a single penny from you.

            You need to relay this message in a "matter of fact" tone.. no wavering.. Good luck.

            Comment


              #7
              Ok, your friendship is over..screw him.. file and don't look back.. unless you feel strongly about paying him back..

              Comment


                #8
                You can try getting a restraining order against him. If you get one, there is help for people who are victims of violence.

                You also need to see a layer. It sounds like you are in a bad pickle, I wish you the best of luck.
                Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

                Comment


                  #9
                  Try to deal with the guy yourself. If it doesn't work go to your boss. I am concerned if you get a restraining order against this person you may violate the order by being around the person while working. Just some food for thought.. Hope you get it figured out.

                  Comment


                    #10
                    Wow sounds like there wasnt a friendship to begin with..What a jerk!! Start taping the phone conversations like yesterday and try to have a witness if he does this in person. Think ahead just in case its a....your word against his type of thing...
                    Good luck..

                    Comment


                      #11
                      File Charges On His Ass

                      Federal crime. Put his sorry ass in jail. Or give me his name and address and I will beat his sorry ass to a pulp. But file for 7 now. Don't tell anyone what you plan to do. JUST DO IT.

                      Comment


                        #12
                        My company also has a policy (at least it is written in the company operating rule book) that states "employees shall not subject the company to garnishments."

                        Besides my approximate $80,000 debt (surprised I haven't been sued already??), this potential 'rule' is another reason why I was considering filing bankruptcy. I have two young children to raise, and I definitely don't want to lose my job too.

                        Does anyone know if there is any truth to this rule or could a company actually enforce this type of rule, i.e., "no garnishments?"

                        Comment


                          #13
                          I thought federal law prohibts an employer for firing someone due a garnishment? I have read in the past that some states have laws that allow for "one" garnishment. In Oregon, you can have dozens, and your employer can't fire you.

                          Still, the politics of businesses are sometimes hsrd to overcome.

                          Google garnishment laws for your state.

                          Comment


                            #14
                            I'd say call the police and file a report on the incident. Look into a restraining order as well. If it continues after this one incident, involve your employer, especially if he threatens you at work. Dont let this man ruin what may be best financially for you and your family.

                            I am sure he is speaking out of anger because he needs the money just as much as you do. I would also suggest not putting yourself into further debt and borrowing from other friends. As they say, dont Sh$% where you eat. If you feel that paying back this additional loan will be a problem not only in terms of paying it back, but could potentially ruin another friendship, then dont do it.
                            01/17/2009 Filed
                            03/03/2009 341 Meeting
                            04/14/2009 Confirmation Hearing

                            Comment


                              #15
                              In addition, I would tell the man that as a creditor, if he harrasses you during BK proceedings, it is a federal crime I believe. Dont quote me on this, but throw it out to him to see if it shuts him up.
                              01/17/2009 Filed
                              03/03/2009 341 Meeting
                              04/14/2009 Confirmation Hearing

                              Comment

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