Dear Loungers: I have a question about a small debt owed me by somebody who is filing for bankruptcy

[crim son]

If anybody has advice or comments I'd be grateful:

About a year ago I gave the requested down-payment to my roofer who promised to use it to buy materials and start the roof that fall. Upon completion I was to pay him the balance: $2600/$2600. Long story short, the roof was never done and after many equivocations and outright lies the man finally admitted that he did not have my money or the materials and furthermore, he was declaring bankruptcy. He promised to repay me because he "likes and respects" me. Yep. My exhb pursued the issue by making suggestions and threatened to sue him at which point the roofer said if we did anything more he would include my claim in the bankruptcy and I'd never see my money.

About a month ago he showed up with $500 cash and a sad face. I have not seen or heard from him since, although I, the realtor who recommended him to me, and my ex have continually tried to contact him.

Okay: what if any recourse do I have w/respect to getting the balance I am owed i.e. $2100.00? The guy is in the air force and is basically stuck here in Bangor, as I understand it, so he hasn't vanished altogether. What happens if I go to small claims court? This is really hurting me not only because my roof leaks, but because I can't find a long-term job and I have no spare income to speak of and will have to defer my property tax payment due in August unless I win the lottery. Thoughts?

I'm an old Lounger, so for those of you who think I'm showing up out of the blue, I'm really not. :hi: -Lisa

[Lydia Leftcoast]

1. Only a bankruptcy attorney can answer that

There is a legal "queue" for creditors of people in bankruptcy, but I don't know what it is.

[crim son]

2. I suspected that

but there is no information online about what happens in Maine. Also it probably depends on what sort of bankruptcy claim the guy is making, yes?

[flvegan]

3. Depends on which Chapter he files/filed.

I'd wait it out. Even if he shows up every other month with $500, you're getting something. If you're worried about being discharged in his bky, I'd talk to a bky attorney.

[crim son]

9. Thanks.

I do think that is what I'll end up doing and you're right, getting something is better than getting nothing which is what he promised if I antagonize him further.

[PRETZEL]

4. Definately check with an attorney,

but based on my experiences, if he comes up with cash, take it and run.

Basically his secured creditors will get first then whatever else is left over then unsecured creditors will get something.

Your down payment was pretty much just an advance on a contract.

Sorry,

[crim son]

8. Don't be sorry!

I have twenty emails about the nature of this contract so that isn't something at issue. But I do get your point.

No way I can pay an attorney to do anything.

[uncommon]

5. Your only recourse was to file a claim in his bankruptcy case at the time that he filed.

I would check with the bankruptcy court to find out of he ever filed. If he did and your debt was not included, you may have some recourse, however it really sounds as if this debt cannot be collected. If you were included and notified and failed to file a claim, then you are out of options. If your debtor filed a Chapter 7 bankruptcy, you are probably screwed. If he filed a Chapter 13 bankruptcy, and you were notified and failed to file a claim, then you are screwed.

If you were not included and choose to continue pursuing him for the money, you will probably have to sue him, get a judgment issued against him. and get a lien attached to his property (if he has any).

It is very unlikely that you will ever see this money. I know that isn't what you want to hear, but collecting a debt is actually quite difficult in this country.

(Expertise: I work as a legal assistant in a bankruptcy law firm.)

[uncommon]

6. Also, he legally has to include your debt in his bankruptcy -

to do otherwise is called showing "preference" to one creditor over the others and is a big no no in bankruptcy. His attorney will tell him the same thing.

[crim son]

7. He specifically said

he was not including me in the bankruptcy claim, but I really don't know whether that's true or not, except wouldn't I have received something from the court?

I have already pretty much given up on the money so don't worry about passing on bad news!

[uncommon]

12. I would contact the court and find out if he filed. If he did, and he did not include you and is

paying you anyway, consider yourself lucky although what he is doing is very illegal.

If he hasn't filed, I would just keep tabs on him and keep sending invoices if you can.

[crim son]

16. That I will do. Thank you very much. n/t

[SunnySong]

10. I found this guy helpful in collecting small debts from those declaring bankruptcy

[crim son]

11. Hah!

...Where can I find him? :P

[Deep13]

13. Some questions I might ask.

Do you know for a fact that he filed?

Did you get a notice from the Bankruptcy Court?

As a general rule, one cannot pick and choose which creditors to list on a bankruptcy petition. One must list them all and then sign a sworn statement that it is true, accurate and complete.

[crim son]

20. No, no note from the court.

This would make sense if he did not report my debt, or if he hasn't filed. I'll check.

[conscious evolution]

14. You say he is in the Air Force?

Contact his commanding officer.The Armed Forces really comes down hard (used too anyway) on their members who pull shit like that

[crim son]

17. We told him we would do that

and he said he'd informed his commanding officer and that the guy would do nothing for us. I wonder if that is true.

[uncommon]

18. Just be careful - there are laws that protect people from their

creditors doing unscrupulous things. The law has provisions for collections and for those who owe - don't forget that.

[Crabby Appleton]

21. I'd contact his CO, I wouldn't go by what your scammer

told you.

[conscious evolution]

23. At this point

I would not believe a word he says.
Contact his C.O.
I would also contact your local ditrict attorney.You may be able to have him charged with fraud or something similar.

[Gormy Cuss]

15. I got nothing crimmie, but good luck.

I hope you get more of your money back.

[Crystal Clarity]

22. I second that

good luck :hug:

[old mark]

19. Talk to a lawyer...They all suck till you really need one, and you really need one now.

Good luck.


mark

[Ikonoklast]

24. Lawyer Up. Today.

Do not wait.


This is business, and since he had no problem stealing your money (that's right, he stole it), you need to step on this guy with as much legal force as you can.

Or, kiss your money good-bye.

[Sen. Walter Sobchak]

25. Did he give you the $500 before or after he filed for Chapter 7?

If he paid you off AFTER he filed for Chapter 7 he has committed bankruptcy fraud, and you could be forced to return the $500 to the court. A debtor can't make off the books payments to select creditors after they file and even before they file such payments can cause problems for the recipient.

If you are not listed as a creditor, he is in more trouble both with the bankruptcy court and the IRS since that would smack of tax evasion.

For your purposes, this will be more of a criminal matter than a debt collection matter and it is very unlikely you will see much of anything in the liquidation.

[MajorChode]

26. My gut feeling is he's feeding you a line of bullshit

I also have a feeling you're never going to see a red cent of the rest of your money and I also suspect he isn't actually filing for bankruptcy. The military takes a dim view of people who don't satisfy their debts. I'm sure he knows this and quite possibly the only reason why he paid you $500 is because he doesn't want his commander to find out and he hopes the token amount will placate you enough to keep from turning him in.

I would tell him you expect him to pay you X number of dollars per month (whatever you feel is reasonable) until the debt is paid or you'll send a letter to his squadron commander. I can just about guarantee that will get his attention. If he doesn't pay, the military will take care of him. You can always pursue the small claims route if that doesn't work. You might as well call this guy's bluff, because I don't think you have anything to lose at this point.

[SPKrazy]

27. Well Lesson Learned

never pay anyone until they complete the job!

small claims court, but you probably won't see a dime from him.

I guess just let it go unless you can prove fraud in his case, however it sounds like he took the money, spent it, and now can't afford the supplies to do it. If he files it on his bankruptcy so what? He isn't going to make good on it. Look up small claims courts laws in Maine on the internets. The problem is that while you would get a judgment in your favor, you would have to recover the money yourself. Him being in the Air Force might make that easier if you can get the claim in before the bankruptcy is filed. I imagine he is in trouble in the Air Force as well for his debts.

Anyway, more important than that is :woohoo: my crimmie is on here!!!!! :hug: