Business Bankruptcy Law | Small Business Bankruptcy Laws

I know someone personally who has been in the US for around 9 years now and got married to an American for her green card.She’s waiting for her citizenship now, which she told me will get next year. The American man doesn’t even live with her, but she calls him to visit her whenever she decides…maybe knows the days/time the immgiration might check up on them…don’t know.
The woman also keeps that American guy in her office (working together though living separately) and always tells me that once she gets her citizenship she will kick him to the curb from work because he gets on her nerves. Now she’s dependent on him so can’t do anything about it. Number of people around her know that she entered into a fraud marriage, so definitely not a secret in her circle plus she lives with her son, thoough keeps fake albums of her ‘husband.’ Is it too late to report her as she’s waiting on her citizenship next year? The woman also sometimes on documents uses adifferent last name which she claims she will change into later on..but hasn’t officially changed it yet though keeps using it at the same time she uses her real birth last name. She also does what’s known ‘unauthorized practice of law’ when she deals with immigration just with her notary certificate and then gives the forms to a lawyer she works with to get the docs signed for her. As far as I know, only lawyers can fill out immigration forms, right? She also filed for bankruptcy years ago so the consulting office she has opened where she deals with the new immigrants who need help with paperwork and dont know shit about the country/laws, that office is under someone else’s name as she has no credit history herself now.
I also saw that one of her clients forgot to sign part of a doc, so she later asked her receptionist to sign it before sending the green card forms of that client off to the immigration. She also opened up a business within her small office where she supposedly find people for a marriage…as in a dating office, but the real intent in that is that she hooks up people for a marriage for a green card/paperwork. So do I have any chance in reporting this…and where exactly? I heard that many fraud marriages don’t even get reported on, so I’m kind of hesitant in reporting this knowing that her citizenship is in process now and that the authorities might not even do anything about it. What will they do exactly….? Just go to her place and check to see if her ‘husband’ is with her and that’s it?

The woman has hurt numerous people (newcomers not knowing the laws, including me minimaly though) and I feel like it’s a pay back time for all of her sins as she’s only exploits people. So any chance here????

My parents declared Chapter 13 bankruptcy. They had a business in land development and thanks to the housing bubble it collapsed. My dad unfortunately personally gauranteed some of the corporate paperwork.

Now the problem is they are starting to make more money, but the settlement keeps taking the money. Is there any way to try to make more money? Or are the doomed to their current lifestyle for the next 5 years? Any thoughts? Perhaps a bank in the Caymans?

Who do we call to enforce the penal law if the real estate broker is showing the house (we are renters) and there is no renting permit? (I am not concerned about eviction due to lack of a renters permit, I just want to put a stop to this real estate agent.)

The law states:
"§ 82-13. Broker’s responsibility.

Broker’s responsibility prior to listing. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental occupancy permit has not been issued by the Chief Building Inspector. It shall be the broker or agent’s duty to verify the existence of a valid permit before acting on behalf of the owner. Notwithstanding the above, first-time rentals shall be granted a fourteen-business-day grace period for submission of required application paperwork and tenant registration."

as soon as possible. Do you agree or disagree?

http://www.campaignforliberty.com/article.php?view=1066

It has been months now since the new healthcare reform bill was passed into law. As is so typical, this massive piece of legislation was passed with a sense of urgency so acute that leadership declared America could not afford to wait until legislators, their staff and the general public had time to thoroughly read the bill.

The truth comes out eventually, however. Much like the recently discovered exemption from Freedom of Information Act requirements for the SEC that was slipped into the equally massive and "urgent" financial reform bill, we are finally seeing what other insidiousness has been hiding in the fine print of the healthcare reform bill. It seems that all provisions in this poorly written and poorly conceived monstrosity need to be repealed as soon as possible.

One such disaster-waiting-to-happen is one of the revenue generating provisions used to claim that the healthcare reform bill was "paid for". billion in additional tax revenues is supposed to come from an onerous new IRS reporting requirement that any taxpayer with business income who spends over 0 in one year with one business will have to report those expenditures to the IRS. Mind you, this is a cumulative total of 0 in transactions in one year. This will involve so much extra accounting and paperwork that the IRS claims it will be unable to deal with it effectively, and even the American Institute of Certified Public Accountants (to whom it should be a boon) has come out against it! Apparently they realize they will actually lose customers, especially small businesses, to bankruptcy because of this!

Gold dealers are especially alarmed by this provision, as most of their transactions easily top 0. This represents a significant outlay of time and paperwork and no additional revenue for businesses with which to hire people. Not to mention this makes every business a de facto IRS agent, as if they didn’t have enough to worry about already!

Of course, there is a tremendous outcry against this. Several other legislators also see how unreasonable this is and are trying to repeal it. However, this would simply mean that billion in healthcare funding will have to come from somewhere else, and there are no good options. Taxes from some other equally bad collection scheme? Borrowing and more debt? Creating more money from thin air and adding to inflationary pressures?

The best answer, of course, would be to repeal the entire health care law, along with all other unconstitutional spending. But Congress is more likely to continue the shell game to cover the fact that we are broke and can afford none of this.

This whole idea of "paying for" new programs is a political euphemism that suggests that raising taxes is just as good as cutting spending since neither one increases the national debt. Raising taxes and overwhelming small businesses with paperwork and regulations still increases governmental burden on our fragile economy. But this is our government’s idea of "fiscal restraint" in action. Washington needs to stop creating new programs and spending so much money. That would be true fiscal restraint.
repealed *

I live in New Hampshire, I did work in Massachusettes, for a company from Clearwater, Florida. The Business at the location, I did the work filed for chapter 11. The business did not pay the contractor and even though the Contractor agreed to pay me, I have been left in the dark about when and how they will pay me. The work is complete and everyone is happy with my services but it has been over 30 days since completion. Where do I stand and what are my options. Someone mentioned a Mechanics Lien, What is it, how do I get one?
It was a wall partion in a room for a retail store.
How can I get the right paperwork in Florida from NH?

He owns a very successful business and is not claiming his true income, debts and assets. The lien is actually against the building he operates the business from but is titled to him personally. He also pays all of his personal bills, and an extremely expensive hobby (close to 100,000 annual) through his business but does not list any of this on his chapter 13 paperwork. Will this lien be removed or will it stand through his bankruptcy. Do I have any options? Chapter 13 is for personal only not his business.

We had a theft last year days before we moved (there were no problems, claim was paid promptly) then just months later, the movers drop our stuff in the ocean during our move. Again, no question about the actual incident. I have been with my insurance 15 plus years and they agreed to take the claim.

Months later, lots of stalling, they flagged the account for a duplicate item that they thought was previously reported stolen. I proved we had more than one when they sent an investigator out. I thought all was good, then suddenly they are calling me and asking me about my bankruptcy years ago, (that I did tell them about) and about my eBay accounts and past claims which we couldn’t remember anymore. Then I noticed they are looking at all of my websites including the business of my husband.

I am really hurt and angry that they are treating us like this but my mom said it is normal, that we are just paperwork and all claims are handled this way. Others are telling me that they are doing this to get out of paying claims because of the economy. I have to admit, I have been searching the web and found all kinds of horror stories like mine where they did all the same stuff to people who were loyal, even past employees. I have always loved my insurance company, everyone has always been so nice and I always felt they would know we were good people and certainly would never try and screw us. I was defending them up until recently. But now I dont know what this is about.

Is it normal for them to go into your personal life? What is the point of that? The rep said she is just doing her job but why check our websites and bankruptcy papers from years ago? There is too much proof and too many major companies involved in the damage for them to think we staged it, and they saw the damaged stuff first hand. Everyone is telling me to get a lawyer and to draw the line but I just think that would make us seem like we are hiding something, so I keep giving them all the stuff they ask for even when I feel it is invasive and hurtful.

What is the purpose of all of this and should I take it personal and do something about it??

My name is Holly Hardesty and I am looking for someone to give a voice to a serious issue that I have found myself in the middle of. I am now the proud owner of a stolen 2007 Suzuki Forenza. I am writing this for anyone who will listen and because I want to make people aware of what could happen to them if they find themselves dealing with Bremen Chevrolet Buick in Bremen Indiana.
I have overcome many obstacles in my life including bankruptcy and I finally had my life and credit back on track. I am now a college student and while taking business math I learned some things about interest and realized I had a not so pleasant interest rate on my new Suzuki. Therefore, I decided to look into refinancing my Suzuki. While looking to refinance my car I was contacted by Kevin Wenzel of Bremen Chevrolet Buick. Since meeting with Mr. Wenzel, I have been in turmoil. With nowhere left to turn to. Now I want to tell my story to anyone and everyone who will listen.

Kevin Wenzel from Bremen Chevrolet Buick contacted me about trading in my car on April 5, 2009. He told me that he found me through one of the finance company’s I had applied at to refinance. He said he was sure he could help me with a trade in. On April 8, 2009, I traveled to Bremen Chevrolet Buick and arrived at the car lot around 1:45 pm.
I talked with Chuck Nick first and test-drove a Chevy Impala. A little later, after Kevin Wenzel looked over my credit and paperwork Chuck Nick came back with a burgundy 2008 Dodge Charger and said that Kevin could not help my current loan and credit with the price of the Impala but could make things better with the price of the Charger.
While talking to Kevin Wenzel I learned that Bremen Chevrolet Buick brought him in from California to help them get rid of some cars and revamp the way things work in their company, so he was only a temporary employee. (So I was told)
When discussing the trade in he offered to take sixty days to attempt to sell my Suzuki if he could not sell the car he would write it off as a trade -in. I signed paperwork regarding the exchange and he said he would mail me a copy of all the paper work involving the Suzuki. I signed several different pieces of paperwork regarding the Suzuki, the Charger and the new warranty I purchased for the Charger. I never received my copies of the paper work that I signed involving my Suzuki. What I received was the purchase agreement for the Charger. Several days later, I received the transfer of title paperwork for the license branch but nothing else.
On May 14, 2009, I received a phone call from the finance company for the Suzuki saying that they never received the pay off. Both Citi Auto Financial and I contacted Bremen Chevrolet Buick and they said that they never had the Suzuki or any paper work on it. They also told us that Kevin Wenzel no longer worked there but I was free to contact him but was never given a contact number.
My witnesses Billie Adkins and Kenny Burrington went to Bremen Chevrolet Buick approximately 2 weeks after I bought the charger to look into a car for them. They took the spare key and manual that belonged with the Suzuki and dropped the items off while they were there. They saw the Suzuki parked on the lot and Kevin Wenzel took the keys and manual for the Suzuki and knew what car they belonged too. When they were speaking with Kevin Wenzel, he told them he was from Illinois.
May 22, 2009, I went to the Bremen police department at 9am and filed a stolen car report with officer Spade. Officer Spade informed me that there was nothing they could do because it was a civil matter but the police department would look into it.
What I learned from the police department was that Mr. Wenzel was no longer employed their and no one had any knowledge about my Suzuki. Since May 22, 2009, I contacted my insurance company Unitrin Direct. After waiting, a couple months for their decision on whether or not they would cover the Suzuki Unitrin Direct reported to me that they would not cover the Suzuki. Due to the Suzuki not being reported until sometime after I changed my policy over, even though the Suzuki was indeed stolen the same day I transferred the policy and left it in the care of Bremen Chevrolet.
After being denied coverage from Unitrin Direct I contacted a lawyer who informed me that I did not have a good chance at winning this particular case due to the fact that I do not have copy’s of the paper work that I signed for my Suzuki.
After hearing this news, I contacted the Citi Financial to see if there was anything, they could do to help me with the situation. Citi Financial contacted their insurance company Balboa insurance. Balboa contacted me, I filed all the necessary paper work with them, and they researched into my case. I received a letter from Balboa Insurance this week stating that they could not cover an embezzled car.
Now I am left with two options contact the lawyer and pay him to quite possibly loose the cas

A friend of mine wants to leave her husband because she realized he is never going to be capable of attaining a better lifestyle. This woman has worked hard and advanced through the marriage while the husband has tried but was never able to take risks or really even believe in his family. After negativity going about everything from buying a house to children’s college the husband has always tried to undermine his wife and children and hold out. This was ok at first but…

However, the husband made a business deal that the partner of the husband ended up running the business to the ground. Than it was found the partner defrauded the husband on the paperwork out of 100k. Not to mention the husband put a 300k loan on the equity of the house which basically evaporated with the business sank (plus the partner said a 100k of that was his contribution). Worse of all, the husband is still sticking up for the partner when even a lawyer confirmed the fraud and deemed the partner incompetent. The husband keeps defending this man though it is confirmed he is a con man. In fact, his actions tell her that his loyalty may be to his interest rather then theirs.And the fact is the husband might to stupid to see it or the cycle of undermining and not believing in his family is repeating).Either way their future is almost ruined because bankruptcy seems evadable and the bank is going after the investment property and come after the husband for about oh 4 million dollars.

Remember this is a middle class family, that is doing pretty well and had other ways of using an equity line such as paying for the kids college or something else that didn’t include venturing into such huge business and putting up such risks. now this woman who has remained a good wife for over 20 years thinks she needs to divorce and leave this man who doesn’t seem understand these basic concepts of family loyalty and well home-economics. She is she justified?

All right I know its a little long but if you could just take a minute to read any advice would be helpful.Two years ago me and my husband and or 2 kids moved to VA to be a part of my mother- in- laws business. We were under the impression that everything was going ok and they needed my husbands help because the company was growing so fast. They owned a home that my family moved into and within a month my in-laws had it appraised. It was appraised for 0,000. So they decided to remortgage the house to get a loan for the company. They did not qualify due to all their personal debt so my husband signed and they co-signed. It ended up not working out up there for us so me and my family moved to TN and for a year they have paid the house note moved back in and all was well. Recently they called and said they were selling the company, the IRS was taking all the money from the sell, they had taken out a 2nd mortgage on the house without my husbands signature but the bank was under the impression that the paperwork was being faxed to him to sign – we had no idea this was going on. They want us to file bankruptcy so that they walk away , I think we need a lawyer but I just dont know where to start. Any thoughts???

My parents have their bankruptcy hearing on 4/22. They were victims of a greedy loan agent, unlicensed I should add, who kept giving them bad advice & in the end, between my dad retiring this year and business getting slow, & my mom’s health problems one after another, they can no longer afford to pay their rising mortgage payment & other debts.
They were advised to file for Chapter 7, but with my mom’s upcoming surgeries for all her health issues, she can’t risk losing the house & have to transition into moving. Now they’re willing to file for Chapter 13 if possible, even though the hearing is in 3 days. Is it too late to bring up to the Judge of their decision? Will the Judge allow it?
Also, my parents weren’t aware that they must disclose ALL their debts, including $$ they owe to family, or it’s considered crime. Is it too late to disclose that? Should we ask for an extension? Please keep in mind their English is the barrier that kept them from understanding this all.

Thanks.
By the way, my parents only consulted with a lawyer for the paperwork. They couldn’t afford to hire one.

And also, the monies they are in debt in with family/friends are not debts that were incurred within the last 90 days, they are much older. However it seems I am being advised that if they plan on paying the people back then that means they don’t have to include it when filing for bankruptcy, or do you still have to?

All right I know its a little long but if you could just take a minute to read any advice would be helpful.Two years ago me and my husband and or 2 kids moved to VA to be a part of my mother- in- laws business. We were under the impression that everything was going ok and they needed my husbands help because the company was growing so fast. They owned a home that my family moved into and within a month my in-laws had it appraised. It was appraised for 0,000. So they decided to remortgage the house to get a loan for the company. They did not qualify due to all their personal debt so my husband signed and they co-signed. It ended up not working out up there for us so me and my family moved to TN and for a year they have paid the house note moved back in and all was well. Recently they called and said they were selling the company, the IRS was taking all the money from the sell, they had taken out a 2nd mortgage on the house without my husbands signature but the bank was under the impression that the paperwork was being faxed to him to sign – we had no idea this was going on. They want us to file bankruptcy so that they walk away , I think we need a lawyer but I just dont know where to start. Any thoughts???

-Have owned a franchisee for 2 years (it’s a corporation, INC)
-Have maxed one credit card under the business name (which is also personally guaranteed)
-Have borrowed money from personal credit cards
-Owe Employee, Sales and Quarterly Taxes
-Owe Royalties
-I am one month behind on lease

-I can’t run the business anymore and I am completely out of money to try to recover. Every day the business is open is putting me more in debt. I don’t want to fall behind on payroll.

I spoke to personal Bankruptcy lawyer. He suggested to either file for personal bankruptcy since the business credit card is also personally guaranteed (so all the business debts will roll over to personal anyway) and involve my spouse.

The lease of the shop is under the Franchisor name. I am just a subleasor.

We are doing the paperwork now. Can I just close the shop down starting January 1, 2008? to avoid getting more in debt?

What are your opinions? What are the pros and cons of this?

thank you for your help!

Both husband and I lost our business because of the economy-in construction. We are unable to collect unemployment. We have an small income coming in from another source. When we could not make a payment in early March we called Ford Motor Credit to discuss the situation. They stated that they were all for working with us they did not want the vehicle back. They would send us paperwork to have the loan rewritten. Never got the paperwork. So we called again asking for the paperwork. Person we talked to said there was nothing listed about that she just wanted payment. We went round in circles. Finally on March 23, we spoke to someone who knew what we were talking about and said the paperwork would definitely go out. Still have not received paperwork. Also explained that we were going to file bankruptcy. Bankruptcy was filed on March 30th. Ford Credit got notification of filing on March 31 though E-mail-verified by attorney. Sunday evening April 5th. 2 thugs came to repo the vehicle. The repo guys thought it would be an easy take. However, the key Ford sent them didn’t work. They were really pissed, came pounding on the door and yelling open the door we want the keys or they would tow it. They were going to get it no matter what. Said we had filed bankruptcy and they could not take it. While I went to get the notice we got from the court. They continued to bang on the door and yell. My son in the meantime called 911. Showed them paperwork we got from the court through the glass door. I am female and these guys were hugh and the way they were acting I felt my safety was in jeopardy. They said the paperwork was garbage and they had a legal court order to take the vehicle. Got notice to pick up the vehicle on the 3rd. Husband came home and they were all over him. Told them all the cops had been called and they got even madder. I told them that they had no right to come to my house, continually bang on the door and yell and they were very threatening where I felt my safety was in issue. They guy rushed towards me and his face came so closed to mine that I could smell his breath. He is twice my size. My son thinking the guy was going to hit me came running up and pushed the guy away from me telling him to get away from me. Then the repo guy also decided to call the cops. Just before the cops came they settled down. I told the cops what happened, said they guys were definitely out of control in the manner in which they did this. Cop said to let them take the vehicle, Ford could be held liable. By the time the repo guys left with the vehicle things were calm. Monday morning we called our attorney, he told us to call Ford Credit and yes they had been notified of the bankruptcy and the paperwork we showed these guys was a legal notice from the court. Just as we were going to call Ford Credit, Ford called. Some guy wanted to discuss the missed payment- which is another violation. He had no clue that we file BK and that the vehicle had been repoed. Stunned-or seemed to be-when I told him of the treatment we received Don’t’ these departments talk to each other. He wanted to know what he could do to make this situation better-guess he was trying to cover for Ford. What recourse if any should we take-have not discussed options with attorney yet? Today we have to call Ford back at a number what was given us to reclaim the vehicle and then call the attorney back. Help, what should we do as far as Ford is concerned? This whole thing has left me a mess, cant sleep, eat, I am still so nervous my hands are shaking. Please save the nasty comments for another time. The repo guys said it all.
To Missy it was the only one payment missed, and as of yesterday it is 2. You got the whole story. Also, attorney said that the vehicle was protected under the bankruptcy code. We can decide if we want to reaffirm or whatever you call it. Attorney also told us to call and get to the vehicle back. At this point, as suggested, I don’ think I want it back.

I paid ,200.00 to a bankruptcy company in 2004 and did not finish the filing process and they said I would have that credit with them when/if I was ready to complete the process.

Well now I’m looking into it again, but was told that particular company "went out of business." I talked to the same attorney, but he did not offer me direction about how to get that credit back.

There must be a way I can petition for those funds back. Nothing in my paperwork mentions that I waived anything in this occurance. Please don’t tell me I need to hire another attorney to do this! Can’t I file something with the County or State or something?

I have all the paperwork done and on paper i own the business i just need the money to start it up

-Have owned a franchisee for 2 years (it’s a corporation, INC)
-Have maxed one credit card under the business name (which is also personally guaranteed)
-Have borrowed money from personal credit cards
-Owe Employee, Sales and Quarterly Taxes
-Owe Royalties
-I am one month behind on lease

-I can’t run the business anymore and I am completely out of money to try to recover. Every day the business is open is putting me more in debt. I don’t want to fall behind on payroll.

I spoke to personal Bankruptcy lawyer. He suggested to either file for personal bankruptcy since the business credit card is also personally guaranteed (so all the business debts will roll over to personal anyway) and involve my spouse.

The lease of the shop is under the Franchisor name. I am just a subleasor.

We are doing the paperwork now. Can I just close the shop down starting January 1, 2008? to avoid getting more in debt?

What are your opinions? What are the pros and cons of this?

thank you for your help!

Can an attorney file a bankruptcy for a client who resides in a different state than the one he resides in? i.e. Could a lawyer put out a national add campaign to get clients, then file for those clients nationally?

Does the lawyer actually have to be IN the courtroom during the process, or is it something that can have paperwork sent in like filing for a business license or tax id?

Is bankruptcy a county thing or a state thing? in other words, if a person in lets say Texas files bankruptcy, do they need to go to Austin for the court hearing, or do they stay in their county and go to the county court office?

I’ve been thinking about filing bankruptcy using one of the websites that fills out all the paperwork for you and then all you have to do is bring them to court. they garuntee their work, if the judge does not accept them they will either fix the problem or refund your money. If anyone has ever used one of these businesses could you please tell me about your experience or knows of a good website to go to please let me know.