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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as 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: (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 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

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 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

What to do about this new creditor

  • Filter
  • Time
  • Show
Clear All
new posts

  • What to do about this new creditor

    My Ch7 was filed 8/21, 341 on 9/18 , no asset scheduled for discharge 11/17.

    It's a personal BK that encompasses both personal and debts accrued as the result of a failed business for which I was personal guarantor on many accounts.

    I did not run the business but it was run by my husband.

    Before we 'bought' the business 2 years ago my husband worked for the previous owner. We moved to a new location and changed the store name in June 2013.

    He accepted an item on consignment during a shift in 2012 (prior to purchasing the store). As usual he wrote out the item's description and signed that he accepted the item on behalf of the business on an intake form, which the customer still has. There are no 'terms' or disclaimers on the form.

    Fast forward to last week...this customer's item may or may not have sold but we cannot find a record of it's disposition. The entire inventory was liquidated very quickly before the business was closed. Quickly... as in a week to sell all of the inventory and what was left got thrown out by the sheriff. My husband cannot remember it ever even being in the new store. This customer, who has not made any contact in over 2 years, all of a sudden decides that he wants his item back and has filed a lawsuit against my husband. He has a picture taken off of Facebook of the item in the new store and a copy of the intake form, which is from the previous store.

    My husband was never a member of the LLC under which the store operated. I was the sole member and I have the BK alone. So all debts incurred by the LLC circle back to me anyway.

    Is there anything anyone could suggest I do to legally stop this lawsuit against my husband with regards to the current status of my bankruptcy?

  • #2
    It reads as though you already are framing your defense. Your husband accepted the item for consignment as a employee of a prior company. You purchased the prior company and created an LLC to manage the company. Your husband is a non-member employee of the LLC. At best, the LLC is liable to the customer. You are not in a community property state. At least, that's how I read your defense.

    You then mention "new store" which makes me wonder if you did some fancy transfers of property between one "company" (organizational entity) to another (your "new" LLC). I'm not an attorney and I already see issues. First, you say that "we" bought the business. When you purchased the business did you purchase just the inventory or did you purchase the business and its customers as well? I reads as though you purchased "the business" with all debt and encumbrances. In other words, the LLC ("you") bought the customers as well.

    If you are unsure about your rights and defenses and even offenses to a lawsuit, you should seek competent, local, business legal advice. The LLC may shield you and your husband, but that's outside the scope of this forum, and certainly for a non-attorney to provide any legal advice.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      Yes, I suppose I am forming a defense, as I have thought about this from a few different angles.

      I was trying to determine if the plaintiff can even be considered a creditor since there is some room for confusion on the issue of who owned what and when.

      We only bought the inventory. All debt was paid off by the previous owner and we created all new accounts and moved location since the PO's lease term expired. After the new business was established letters were mailed to customers who had consignment items that told them of the transfer and gave them options to leave the item at new terms or come pick them up. Some replied, others didn't and their items were sold and money sent to them as usual but with new rates. There were few complaints.
      I agree that I may need to seek legal counsel on this one. The plaintiff in this case is seeking damages from the wrong entity (my husband). So I think he will need legal counsel to guide him as to what to do next.


      Unconfigured Ad Widget