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  1. #1
    Join Date
    Nov 2008
    Location
    East Coast but my heart's in Texas
    Posts
    64

    Default How to Beat Discharge in Bankruptcy

    My question involves court procedures for the state of: Tn
    On 2-9-09 company"A" a holding company filed Ch11 and hasn't listed my company as a creditor yet but plans to before the meeting of creditors on 3-09-09. My company performed improvements on their land which they lease from company "B". We contacted them "A" in Jan and threatned a lien andthey paid 1 of 2 late payments, I agreed not to put lien if BOTH were brought current so I called them on 2-4-09 for second payment or again I would place lien. They said they would mail it that week for me not to place lien. Well 5 days later they file CH11. Am I S.O.L or do I have a case of fraud?

    1) Can I place a property lien and have it hold up
    2) Can I asked the Court that their debt to my company be "not dischargeable"
    3)They were knowingly insolvent, but still requested our services without us knowing they were insolvent.
    4) Can we ask for demand for reclamation of goods(this would only be a portion of what they owe)
    5) What can I Do?

  2. #2
    Join Date
    Nov 2008
    Location
    East Coast but my heart's in Texas
    Posts
    64

    Default Re: How to Beat These Guys

    Quote Quoting farmer
    View Post
    My question involves court procedures for the state of: Tn
    On 2-9-09 company"A" a holding company filed Ch11 and hasn't listed my company as a creditor yet but plans to before the meeting of creditors on 3-09-09. My company performed improvements on their land which they lease from company "B". We contacted them "A" in Jan and threatned a lien andthey paid 1 of 2 late payments, I agreed not to put lien if BOTH were brought current so I called them on 2-4-09 for second payment or again I would place lien. They said they would mail it that week for me not to place lien. Well 5 days later they file CH11. Am I S.O.L or do I have a case of fraud?

    1) Can I place a property lien and have it hold up
    2) Can I asked the Court that their debt to my company be "not dischargeable"
    3)They were knowingly insolvent, but still requested our services without us knowing they were insolvent.
    4) Can we ask for demand for reclamation of goods(this would only be a portion of what they owe)
    5) What can I Do?

    Aaron any advice on this one?

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