# Bankruptcy notice.



## swmnhay

Well I got my first bankruptcy notice ever.Not overly surprised.And yea he has horses!!


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## Nitram

Hope they didn't get in your bilfold too deep. But judging by the red icon it wasn't purdy!


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## swmnhay

Nitram said:


> Hope they didn't get in your bilfold too deep. But judging by the red icon it wasn't purdy!


Bad enough $1500.

If it was $100 I would still be ticked.

Part that ticks me off the day i delivered the hay he was taking his son to a rodeo 400 miles away.Pulling a trailer.He had money for that but his check bounced when I deposited it.


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## CockrellHillFarms

I've had it happen many of times. New customers, I always make them pay cash. I had a customer that bought 4,000 bales from me. His checks would always bounce but I would call them and they would fix it. It was annoying but I always got paid. The last load I delivered. Never got paid, that was 2k. So just remember it could be worse.


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## mlappin

I've yet to get a bankruptcy notice, but I did get stung pretty bad on some custom mowing one year, did all the guys first cutting, then the second as well. Sent him the bill then the BS started. I gave him a little leeway as he paid in full the two years before just for first cutting. Went till tax time and a day after I talked to him and got another line of BS, he was driving around in a brand new 3/4 ton 4wd extended cab Ford diesel pickup. I was going to turn it over to the prosecutor then but Dad talked me out of it as they went to school together, played on the basketball team together blah blah blah. Amazing how some folks can't pay their bills but always seem to have money for their toys or other "important" stuff.

The $1500 would still piss me off, looks like the wife and I will be spending about three weeks in England for the holidays and the $1500 would just about cover the cost of the plane tickets.


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## Teslan

I never have gotten a notice either. I don't usually have trouble with bounced checks. I've recently started taking credit cards with my ipad, but charge an extra 3% to cover the credit card transaction charge. Our neighbor however for some reason keeps selling to the same guys that owe him. I guess I should say giving hay not selling hay. He says one customer owes him $40k and another about $16k. Like you all. Cash for new customers or now credit card. Checks are fine for the past dependable customers. But this year a guy came to get a Semi load of hay and said he had the cash. Got it loaded and he was $100 short on cash. He did the same with my cousin and was $600 short. Still hasn't paid either of us. I think this was his strategy. So if they pay cash and it's a new person. Count the cash before loading also.


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## mulberrygrovefamilyfarm

Doesn't mean you're out $1500 yet. Just means that you get to waste time and effort to make sure you're on the list of people he owes money to, and a judge gets to determine when you officially are out your $1500.


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## Misty Meadow Farm

Here's something you can do. It's not much but keep it in your back pocket. When someone goes bankrupt within 45 days after taking delivery of the hay, you can make a "reclamation" claim. Check with your lawyer, but generally you have 45 days after your buyer received the hay to make a demand, in writing, that the hay (or whatever's left) be returned. In certain situations, you have a few more days (20 after the bankruptcy filing) or more if the buyer lied to you about being able to pay. You may either get the hay back or at least get a priority claim in the bankruptcy. You'll lose to his bank, if he's got one, but may beat the trustee. Anyway, it's worth the price of a stamp to try. Remember, you have to make the demand within 45 days after he received the hay, not 45 days after the bankruptcy. If the bankruptcy if filed more than 45 days after you delivered you're SOL. (P.S. I'm not allowed to give legal advice across state lines, but this is federal law so it should be good everywhere in the U.S. Still, you need to check with your own lawyer to see how this will work in your state.)


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## swmnhay

Misty Meadow Farm said:


> Here's something you can do. It's not much but keep it in your back pocket. When someone goes bankrupt within 45 days after taking delivery of the hay, you can make a "reclamation" claim. Check with your lawyer, but generally you have 45 days after your buyer received the hay to make a demand, in writing, that the hay (or whatever's left) be returned. In certain situations, you have a few more days (20 after the bankruptcy filing) or more if the buyer lied to you about being able to pay. You may either get the hay back or at least get a priority claim in the bankruptcy. You'll lose to his bank, if he's got one, but may beat the trustee. Anyway, it's worth the price of a stamp to try. Remember, you have to make the demand within 45 days after he received the hay, not 45 days after the bankruptcy. If the bankruptcy if filed more than 45 days after you delivered you're SOL. (P.S. I'm not allowed to give legal advice across state lines, but this is federal law so it should be good everywhere in the U.S. Still, you need to check with your own lawyer to see how this will work in your state.)


I'm SOL.It's been over 45 days.


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## Nitram

Cy as Mlappin would say never give up never give in...I would still check with a lawyer and see if there is anything you can do. If you haven't already done that... Its BS that they can get away with that if he/she was any kind of human they would have sold what ever they had to inorder to pay the debts to individuals who were there for them!!!!


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## TheFastMan

We had a little problem with a guy my brother did a custom mowing job for. He wrote up a contract with him and did it all right, but my brother should have never been dealing with this guy in the first place. He has a history of not paying and generally screwing people. He hauled the haybine out to the field, cut it (with a tractor from this guy's friend which ended up being a stolen tractor, that's another long story) and as soon as he got done, the guy tells him he is going bankrupt. About a month before cutting the field, we made a deal with him to trade an old New Idea sickle bar mower for an old fifth wheel camper (another story that almost went bad). We ended up taking the mower back until we got paid (which we did before the due date on the contract). Another good friend also ended up getting caught up in this mess, some nasty words were thrown around and I refuse to do any business with that guy again. We also had some good friends buy hay from us a couple years ago. I think they got 400 small sqaures (I say "think" because my brother didn't write it down) and after a year of hounding them we finally got paid for most of it and just dropped it. It was partially our fault for not keeping track, but I guess we didn't think we would have trouble from friends. I have other customers I take payments from, but they have a good history of paying in a timely manner and don't bounce checks. Any new customers, though, have to pay cash. I'd definitely talk to a lawyer. Being that he didn't technically pay for it, is it really his? I wonder if you could at least get the hay back.


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## swmnhay

Nitram said:


> Cy as Mlappin would say never give up never give in...I would still check with a lawyer and see if there is anything you can do. If you haven't already done that... Its BS that they can get away with that if he/she was any kind of human they would have sold what ever they had to inorder to pay the debts to individuals who were there for them!!!!


Yes I'm gonna fill out the form to file.It's a bunch of BS tho.I even have to prove who I am with picture ID and proof of a Social Security #.It also looks like I have to drive 60 miles to the court house to Meeting of the Creditors.So I'll loose a 1/2 day to this,and it maybe combining time.I'm gonna call monday to see if i have to go to this bull crap or if I can do it by mail.

I've had 2 other people go threw bankruptcies but they made sure I got pd in full.

Had 1 guy die on me and had to go threw the estate.It was denied at first.I had good records of his ongoing account luckily.Prick that was the administrator wanted the interest taken off because he died.I said BS thats the way we've been doing bussiness for yrs and thats what was owed me.


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## blueriver

That would make me down right mad ... and then pulling out with the horse and trailer to go Rodeo. I'd forego the attorney and go load my hay back up ... But as my wife says I'm hot headed and do things without thinking.

BTW ... I was born and raised in Cottonwood County and my brother owns the tractor dealership in Westbrook. I moved on in the 80's


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## swmnhay

blueriver said:


> That would make me down right mad ... and then pulling out with the horse and trailer to go Rodeo. I'd forego the attorney and go load my hay back up ... But as my wife says I'm hot headed and do things without thinking.
> 
> BTW ... I was born and raised in Cottonwood County and my brother owns the tractor dealership in Westbrook. I moved on in the 80's


Hay is long gone by now.And now that I have recieved the banckruptcy papers he has more rights then I do.Ain't our laws great!!!!

So would that be the NH dealer in Westbrook.I've stoped there a few times for grain vac parts.I think he has a good bussiness from what I hear and see around there.Alot of Blue tractors and Yellow combines in that area.


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## blueriver

Yes its the NH in Westbrook ... I'm not real sure I think he has a partner. I hear business is real good in his area.


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## swmnhay

Yippeeee!!!I'm gonna get pd.LOL.Only after he pays the bank and other secured creditors and attorny fees.So after he pays them $271,185 over the next 5 yr payment plan then I'm next on the list to be pd.









So should I bank on it?

Put it down as a asset on my financial statment?


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## mlappin

I don't think it would fall under an asset yet as since you don't have the money, you can't use it.

Probably need to search the IRS site or contact a CPA.


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## hay wilson in TX

Something I learned from a neighbor and it worked.

Take the returned check to their bank, and if there is not enough cash on hand in their account, fill out a deposit slip to their account and deposit their check in their account.
BUT you find out just how much of the deposit you can hold out for cash!

With a $1,500 hot check, deposit it and the bank allows you to take cash of maybe $1,450 so you are out the $50 in cash plus the cost your bank charged you for their returned checK. The chanceyou are taking is the bank may only allow you to take $75 in cash and you are still out the money just not quite as much.
When you do this you are accepting that the bill is paid in full.


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## mlappin

hay wilson in TX said:


> Take the returned check to their bank, and if there is not enough cash on hand in their account, fill out a deposit slip to their account and deposit their check in their account.
> BUT you find out just how much of the deposit you can hold out for cash!


Does that still work? Banking laws have changed somewhat lately.


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## RockmartGA

hay wilson in TX said:


> Take the returned check to their bank, and if there is not enough cash on hand in their account, fill out a deposit slip to their account and deposit their check in their account.


I'm not so sure this is a good idea. You might find yourself criminally charged with fraud.


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## swmnhay

hay wilson in TX said:


> Something I learned from a neighbor and it worked.
> 
> Take the returned check to their bank, and if there is not enough cash on hand in their account, fill out a deposit slip to their account and deposit their check in their account.
> BUT you find out just how much of the deposit you can hold out for cash!
> 
> With a $1,500 hot check, deposit it and the bank allows you to take cash of maybe $1,450 so you are out the $50 in cash plus the cost your bank charged you for their returned checK. The chanceyou are taking is the bank may only allow you to take $75 in cash and you are still out the money just not quite as much.
> When you do this you are accepting that the bill is paid in full.


At my bank you would have to sign for the cash so you would have to sign his name beings it was his account.Sooo I don't think that would be legal.And yes a few yrs ago you did not have to sign so possibly then it would work.

And I'm thinking he probably would have closer to $1 in the account then $1500.


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## El Capitan

Something no one has mentioned: he wrote a hot check. This is theft by check, unless he makes you whole, irregardless of his bankruptcy.

Have you reported him to the district attorney? He will have to make you whole, or face criminal prosecution.


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## swmnhay

Update on Bankruptcy.Looks like the bank wants the bankruptcy to be dismissed so they can foreclose.Debtor hasn't followed the plan of repayment.Or given bank any proceeds from cattle,etc.Bank doesn't think cattle exist anymore.

Jeeze i think I need to drive by and see if there are any cattle there.Probably 20 horses I'll bet.

If it goes into forclosure I get 0.Bank is secured creditor.

If it stays in banckruptcy I might recieve payment after he pays back bank over 10 yrs.LOL


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## Bob M

I had a customer go into bankruptcy and we did not know it ,until we tried to garnish wages. There is a government web site you can go to and find the status of his bankrupcty. The customer we had was not making his payments to the bankrupcty court and his case was dismissed. The day it was dismissed I filed for wage garnishment before any one else. I got my money. Not sure about the laws in your state.


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## swmnhay

Bob M said:


> I had a customer go into bankruptcy and we did not know it ,until we tried to garnish wages. There is a government web site you can go to and find the status of his bankrupcty. The customer we had was not making his payments to the bankrupcty court and his case was dismissed. The day it was dismissed I filed for wage garnishment before any one else. I got my money. Not sure about the laws in your state.


Sounds like he is not making his payments as scheduled either.But he is self employed (rodeo contractor)supplies roping cattle to rodeos.So I don't see any wages to garnish but possibly another lien?But I'll bet the bank will get it all??


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## swmnhay

_I got notice that the bank that is secured creditor has filed to have bankruptcy thrown out.He filed chapter 13 and was supposed to make scheduelled payments to bank and a couple other secured creditors.And I was SUPPOSED to get pd after that.LOL._

_Well he hasn't made payments that he agreed to and the bank doesn't think he has the assets he claims either.They filed to have it thrown out and my guess they will foreclose on him then._

_Either way I'm probably SOL.







_


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