Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Advice Needed: In Discharge Limbo & Collecting Rents

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice Needed: In Discharge Limbo & Collecting Rents

    All,

    maybe a wise and experienced soul here can give me some advice. I filed a Chapter 7 at the end of December, had my 341 in late January, but the 341 was continued as I had an EEOC complaint (potential lawsuit) against my former employer. After a couple months, the trustee finally decided that the lawsuit was not an asset, and not worth pursuing, so they issued a report of no distribution at the beginning of March. Since then, nothing has happened and when I look at Pacer it shows my original meeting of creditors in January, but then shows the latest status as “341 not held.” I presume this is the continued 341 meeting in march, where the trustee was trying to buy some time to review the merits of the potential asset, but decided later that it was not necessary.

    Question 1: Now that the "no distribution" is out, what next? I thought that the case is usually discharged at this point, but it has been several weeks since the report was issued and no discharge.

    Question 2: Slightly more complicated, I have a property which I was collecting rents on. The property is in the process of foreclosure, but it is in Florida, and like many florida properties the banks haven’t been taking any active steps to do anything. I checked with the county recorder’s office and title is still in my name. I owed back dues on HOA, so I worked out a deal with the HOA so that they could rent out the property, take 80% of rent and give me 20% until we got caught up. This was prior to the BK and this was fully disclosed to the trustee. The trustee knew that we were getting about $300-400/mo on this property, but decided not to pursue it since my take was relatively small and I was making a good faith attempt to pay down a creditor.

    The problem is: since filing Ch7, the HOA/property manager has been holding all rents and not sending owner’s disbursements once they got the Ch 7 notice in the mail. I talked to my lawyer, and she said that since the trustee is abandoning all of my assets, so I can collect rents until the property is officially foreclosed. I called the property manager and they want to hear that from the trustee directly. My lawyer said that the “no distribution” report is enough, and that we can fight them if we want but I have re-up and pay her a new retainer. I understand why, since this is a whole new matter, but I’d like to remedy this without spending more in legal fees. Any thoughts advice? Does the property manager have the right to withhold these funds from me?

    My biggest concern is now that I am uncertain of my discharge status - I feel like I am in limbo. I don’t want to rock the boat and cause the trustee to re-look at everything. To be clear: I’m not worried about fraud, since both my lawyer and I clearly disclosed this rental income on all pertinent schedules, as well as when directly questioned in the 341 meeting. However, it has taken so long to get here, I don’t want to delay my case any further or do anything that would cause this case to drag on any further. Besides, I don’t think the trustee will want to reach out to my property manager and calm their nerves on the matter, the trustee is damn busy. thoughts?

  • #2
    You have a contract with the property manager that is valid and are entitled to the money. The problem now is collecting it. Depending on the value (and it does not sound like much) you could start out with a lawyer letter and include the supporting BK documents. From there you might have to go to court, which increases the cost and may incorporate some friction with regards to your BK. It’s really up to you on how much it’s worth pursuing.

    I have been in a similar situation and it really sucks, but eventually I decided it’s not worth it and let the property manager keep the money. I thought she was a good person and would do the right thing just as I was trying to do the right thing. Its funny, but when it comes to money people take on a completely different personality. A real shame, for sure.

    Comment


    • #3
      Can you file a small claim for the amount they owe you? For some strange reason, once some people find out a BK has been filed, they take it upon themselves to dictate what should be done with YOUR money. This happened to me with a tenant, and I very promptly filed an eviction case against them. I hope you'll do whatever you can to void the contract you have with this HOA, as they are clearly not to be trusted. Good luck!
      Non-Consumer Chapter 7
      December 2011

      Comment


      • #4
        I would send the property manager a firm but professional letter stating that the BK is a matter of public record and it has been discharged. Attach a copy of your discharge papers. The letter should refer to the contract between you. Demand that payments resume immediately, including all back payments. State that not to resume the payments is a breach of contract and you will seek all remedies allowed by that contract. Send it by registered return receipt and second letter by mail. A letter from you is very inexpensive compared to attorney fees and in a lot of cases they work. If the property manager still refuses to send the money according to the contract, start actions according the remedies specified in the contract. If allowed small claims court is relatively cheap and neither party can bring an attorney. Another possible action may to be fire the property manager and hire another one that is more honest. If they are in breach of contract usually one allowed remedy is to terminate the agreement without penalties. The tenant may get confused at first but the title is in your name and that will settle that discussion quickly. BTW: HOA fees owed prior to BK filing were discharged but not the ones since discharge. Hope this helps
        Chap 7 Non-consumer --Realized headed for bankruptcy Nov 2010 --Started planning BK7 Spring 2011 -- Filed Sept 2011 -- 341 & Continued 341 Meetings Nov 2011 --No Asset Case Nov 2011 --Discharged Jan 2012 --Closed Feb 2012

        Comment


        • #5
          Originally posted by HighUnder View Post
          Can you file a small claim for the amount they owe you? For some strange reason, once some people find out a BK has been filed, they take it upon themselves to dictate what should be done with YOUR money. This happened to me with a tenant, and I very promptly filed an eviction case against them. I hope you'll do whatever you can to void the contract you have with this HOA, as they are clearly not to be trusted. Good luck!
          I noticed this also. It seems that people take advantage of a filers’ misfortune for their benefit. It should be about doing the right thing, something I am seeing less and less of these days. Perhaps we are playing the game wrong??

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X