Hello to all!
Boyfriend’s bankruptcy is over and closed. Discharge was back in July ’10 closed after the Trustee searched high and low for assets related to the company, etc, in January ‘11. He found nothing – and hired another lawyer to assist him. Boyfriend filed Chap 7 personal bankruptcy (listed all the business debt since he was personally liable for same at the advice of his horrible lawyer). He suggested the business would probably be sued, but you’re basically suing a ‘dead person’. We get that. However, Monday night boyfriend notices the constable of our county standing out in front of our gate with papers in his hand. He served him with a writ of execution and said that he would be back on the 19th to seize anything related to the business for the Bank where he had his business accounts. One of which was his truck that he didn’t reaffirm in the bankruptcy and allowed them to repo it last July. The business has no assets, period. Otherwise, the Trustee or their attorney would have found them.
He told the constable he would have his lawyer call because he informed him of the bankruptcy and suggested he was in contempt because the business was dissolved and had no assets. The constable said he wasn’t aware of any of that and, was “counting cows (which belong to someone else), asking about our trucks, trailer, etc.” boyfriend said nothing on the property was his. Everything actually is in my name or his dads. He has a stock trailer which he didn’t reaffirm that I continue to pay for well over a year but it has a loan left on it. The only thing they thought “was” an asset of the business is a low-boy trailer that he hauls with. His lawyer asked us to find the Title to the trailer, telling my boyfriend that so long as it wasn’t registered to the business (which it is not, it is in his name only) they were in contempt and weren’t entitled to seize it.
His lawyer was all jazzed up to file contempt charges Monday night, but last night suggested he may have to give a deposition. I called BS on that. Depositions cost money, who is going to pay for that – just tack it on the 22K they are trying to come after the ‘business’ for already. I don’t think so. His lawyer left the banks lawyer a message, but I told boyfriend if they want to ask questions about anything on the property they can send that request and we will do an affidavit happily. I don’t think we should have to do that, but will. However, wondering what thoughts are on this – thanks to all!!!
Boyfriend’s bankruptcy is over and closed. Discharge was back in July ’10 closed after the Trustee searched high and low for assets related to the company, etc, in January ‘11. He found nothing – and hired another lawyer to assist him. Boyfriend filed Chap 7 personal bankruptcy (listed all the business debt since he was personally liable for same at the advice of his horrible lawyer). He suggested the business would probably be sued, but you’re basically suing a ‘dead person’. We get that. However, Monday night boyfriend notices the constable of our county standing out in front of our gate with papers in his hand. He served him with a writ of execution and said that he would be back on the 19th to seize anything related to the business for the Bank where he had his business accounts. One of which was his truck that he didn’t reaffirm in the bankruptcy and allowed them to repo it last July. The business has no assets, period. Otherwise, the Trustee or their attorney would have found them.
He told the constable he would have his lawyer call because he informed him of the bankruptcy and suggested he was in contempt because the business was dissolved and had no assets. The constable said he wasn’t aware of any of that and, was “counting cows (which belong to someone else), asking about our trucks, trailer, etc.” boyfriend said nothing on the property was his. Everything actually is in my name or his dads. He has a stock trailer which he didn’t reaffirm that I continue to pay for well over a year but it has a loan left on it. The only thing they thought “was” an asset of the business is a low-boy trailer that he hauls with. His lawyer asked us to find the Title to the trailer, telling my boyfriend that so long as it wasn’t registered to the business (which it is not, it is in his name only) they were in contempt and weren’t entitled to seize it.
His lawyer was all jazzed up to file contempt charges Monday night, but last night suggested he may have to give a deposition. I called BS on that. Depositions cost money, who is going to pay for that – just tack it on the 22K they are trying to come after the ‘business’ for already. I don’t think so. His lawyer left the banks lawyer a message, but I told boyfriend if they want to ask questions about anything on the property they can send that request and we will do an affidavit happily. I don’t think we should have to do that, but will. However, wondering what thoughts are on this – thanks to all!!!