Modified Paintball (Terry Harvey) files for Chapter 13

[Jack & Coke]

FYI - UPDATE

Just this last weekend, I received a claim form regarding Modified Paintball. Modified Paintball was run by AO's donggie, then sold/transfered to Terry Harvey).

He has filed for Chapter 13 Bankruptcy protection.

His company still owes me $30.

Although I still have to read all the details of the letter, I'm pretty sure I'm SOL. I hope I can claim my money back.

Oh well... just thought I'd let y'all know just in case they owed you as well.:mad:

[battlegroup]

Got the Same thing. I hope you send it in to claim your money. I will!:mad:

[Warthog#3]

I had ordered a 68/4500 flatline from Don back in July. Plus I had paid shipping on my visa $450 total. So what can we do?:mad:

[pbzmag]

Here's some info on Chapter 13:

Chapter 13 is a repayment plan for individuals with regular income and unsecured debt less than $290,525 and secured debt less than $871,550.

The debtor keeps his property and makes regular payments to the Chapter 13 trustee out of future income to pay creditors over time (3-5 years).

Repayment in Chapter 13 can range from 10% to 100% depending on the debtor's income and the make up of the debt.

Certain debts that cannot be discharged in Chapter 7 can be discharged in Chapter 13. Chapter 13 also provides a mechanism for individuals to prevent foreclosures and repossessions, while catching up on their secured debts.

Fill out you claims and send it out before the final return date. The forms are pretty easy to fill out. I know. I filed a claim when my employer filed for Chapter 11. They just refiled to Chapter 7 last year for a complete shutdown. They owe me just over $6k in wages and expenses.

pbzmag

[pbzmag]

I just found this link about the different types of Bankruptcys:

http://www.lawyers.com/legal_topics/browse_by_topic/browse_parent/index.php?site=111&eid=&prevpageid=00000&consumertype=P&paop=729&caop=

pbzmag

[halB]

hes filed for it but it hasnt been approved yet... i think. find out the judge/coutroom and all that and submit letters contesting the filing

[Jack & Coke]

Great info, thanks!

[Jack & Coke]

FYI:

Attorney for the Debtor:

FRIEND & WALTON LAW OFFICE
PO BOX 830
1301 K STREET SUITE D
MODESTO, CA 95353
(209) 238-0946
(209) 238-0953 fax

Bankruptcy Trustee:

RUSSELL D. GREER
CHAPTER 13 STANDING TRUSTEE
PO BOX 3051
MODESTO, CA 95353-3051
(209)576-1954


Address of the Bankruptcy Clerk's Office:
U.S. Bankruptcy Court
1130 12th Street, Suite C
Modesto, CA 95354
(209) 521-5160

Case Number: 03-90135-A-13
Deadline to file a Proof of Claim: May 27, 2003

[pbzmag]

Here's what you need to file:

Proof of Claim form from the district that they fall under.
copy of supporting documents, ie. sales receipt.

Here's what to do:

Fill out two copies of the POC, a third one for a dated copy for yourself.
Attach copies of all supporting documents, Do not send original copies, they will not be returned.
Send claims way before the deadline, must be recieved in the office by the deadline date.

Bankruptcy is time consuming. It can be years before the case is closed. I know, my employer filed on Nov 2000 and it is still going. I filed twice because they switched from Chapter 11 to Chapter 7. The way that the money is distributed is what priority you fall under. The priority is as followed:

Administrative expenses of the bankruptcy
Unsecured, post petition claims in an involuntary case
Wage claims of employees and independent salespersons up to $4300 per claim
Contributions to employee benefit plans up to $4300 per employee
Claims of farmers and fishermen against debtors operating storage or processing facilities.
Layaway claims of individuals who didn't get the item they made the deposit on
Claims for debts to spouse or children for court ordered support
Recent income, sales, employment or gross receipts taxes
Commitments to maintain the capital of a bank or savings and loan

Hope this helps!

pbzmag

[Jack & Coke]

FYI

Just got a notice from the United States Bankruptcy Court regaring Terry Harvey (Modified Paitball)




NOTICE IS HEREBY GIVEN THAT:

The trustee in the above case has filed a "Report of No Distribution," stating there are no funds available from the estate for distribution to creditors. The report contains the trustee's certification that the estate has been fully administered, and is availble for inspection at the Office of the Clerk, U.S. Bankruptcy Court... blah... blah.. blah...



Just currious, how many of you out there are owed money from this guy? I'm out out $30... :(

[cphilip]

I once made the comment that Don had sold the business to this guy and Don popped right back and posted that HE was still the owner. Don retained some sort of partnership in Modified as he so vehemently defended here many times if anyone mentioned he has sold the business. So someone should look into that. There is some posts here from Don claiming to still be the owner all the time. He said it, not me. Go search for it. Its public record because he posted it here.

[Steelrat]

Just a stab in the dark, but anyone who bought something close to the time he filed for bankruptcy may want to check with their credit card company and allege that there was fraud. TO me, this seems to be a valid claim, since the owner accpeted the money with the understanding that they would not be able to supply the product. Also, if there was an agreement on the delivery time on the product, and it was not delivered withing that timeframe (i.e. they were stalling 'til they declared bankruptcy) that might also constitute fraud.

And if you can find sufficient evidence that there was, in fact, another owner, that should be brought to the attention of the bankruptcy court.

Let this serve as a warning of the dangers of dealing with smaller stores/vendors. Be VERY carfeul who you give your money to. In some instances, if it is a small enough vendor, they may be willing to use an escrow system. I heavily recommend it.

[Bulldog]

I came sooo close to pre ordering my x mag from him. He was taking cash up front. Glad I dodged that bullet. I wonder if anybody who ordered got their gun?

[magman007]

wow, terryowned :) Man, its such a shame, don had something good going, he was a good dealer in the beginning, i ordered alot from him back in the day, and never had any issues, but i had stoped needing things from him before the crap hit the fan. Thankfully, tuna stepped in and picked up his slack,

man, modified was the cream of the crop back then, the e- magnum etc, damn those were the days

[nt2004]

he upped a two year old thread to tell jack and coke off?

[shartley]

he upped a two year old thread to tell jack and coke off?
Read it again…. it is not directed toward J&C. And there is no indication that the member is who they claim to be either. I don’t know anyone who would go to the trouble of digging up a thread this old only to slam an old girlfriend/boyfriend.

Then again…… you never know. I have seen worse done online with paintball folks.

[Ole Unka Phil]

Since I am no longer in the Admin and all that here I can speak a bit more freely about this than I could way back then.


At one point Tunaman and Don were in business together. Actualy Tuna was doing all, or most, or the work for him... pretty much. Tuna had many dealership accounts with various Paintball companies that Don needed. And Tuna allowed Don to take out the AGD dealership in his name and supply him with AGD stuff. So it was a cooperative deal. Tuna was supplying Don with his line at cost and Don was to supply Tuna with AGD stuff at cost. Or so it was SUPPOSED to be.

Turns out Don made Level 3 dealership and lied to Tuna about it and continued to charge Tuna an additional 10% on all his stuff. All the while indicating thats what he was paying for it. Don had this going for almost a year. Kept telling Tuna he was hoping to get level 3 any time now. Never told Tuna he had it. Continued to take his money while continuring to get stuff from Tuna for Tuna's cost. It was accidentaly discovered that Tuna was not getting his stuff at cost. They were partners and he was excluded.

Inadvertenly it was me that told Tuna this. I found out accidentaly when I had a missordered marker from AGD that I knew Tuna needed to fill an order. So I offered to pass it along to Tuna for my cost. Level 3. And Tuna was suprised when I told him what to pay me. He and I then put two and two together. Tuna had a price list but it was not the right level. Don had given him only level 1 prices. The cat was out of the bag. Accidentaly mind you.

Don complained to AGD that "another dealer" was divuldging costs. Don knew it was me. And I got a call. I said Hell yea I told Tuna! And I explained how it happened. And I was furious that the guy would screw his partner and then complain when he got caught! I immediately pointed out that I was talking to another dealer when I shared that cost. And it was all a big mess for a little while. But it was well known at the time that the Dealership was both Don and Tuna's at the time. And Don got caught screwing his partner that was, in fact, doing almost all the work. Shipping and filling orders. Thats a good example of how Don realy is. Now shortly after this was discovered Tuna severed all ties with Don. And was awarded his own dealership over it all. And continures to be the top seller (most times) for AGD.

Don then went downhill fast it appears now. And was starting to falter on delivery near the end from what I can tell. This was at least 3 or 4 months after Tuna had left the partnership it now appears to me. Rumor has it that Don then tried to scramble around and avoid losing his house. He had mortgaged things to the hilt as I hear it. And he sold the business but continued to deny here that was no longer in on it. I saw a few posts here to that effect. But he quickly quit doing that too I believe, from what I can see now, that he left his new partner with lapsed orders and no money for them. It was told to me that he did not divuldge the true situation to the buyer of the business. Who quickly was overwelmed with your backorders and no operational moneys to cover them and now has had to file chapter 13. It was my understanding that this guy had no idea about all your stuff when he got into this. And was taken for a ride as well. And Don dropped out of site.

At least this is what I know and what I am told. I am fairly certain it's mostly accurate. But I leave it up to you to decide. Most of this we are deducing from things we are being told after the fact. I believes its ,for the most part, accurate or at least a decent summary.

[Jack & Coke]

wow, interesting story. Thanks for sharing!

[nt2004]

Read it again…. it is not directed toward J&C. And there is no indication that the member is who they claim to be either. I don’t know anyone who would go to the trouble of digging up a thread this old only to slam an old girlfriend/boyfriend.

Then again…… you never know. I have seen worse done online with paintball folks.
oh I didnt read the username very closely. My bad

[Ole Unka Phil]

wow, interesting story. Thanks for sharing!

I figured you deserved to know. I might have some time lines and a few details slightly out of sink but for the most part it's what I recall of the whole mess.

This was one of many things I have seen in the paintball business that turned me off from it all. It's a dirty business. There are a few good apples though. Know who they are!

[Ole Unka Phil]

Read it again…. it is not directed toward J&C. And there is no indication that the member is who they claim to be either. I don’t know anyone who would go to the trouble of digging up a thread this old only to slam an old girlfriend/boyfriend.

Then again…… you never know. I have seen worse done online with paintball folks.

Oh most definately not the G/F. But I do not have my powers anymore to figure it out. Most likely someone wanting to stir up old stuff out of frustration.


Hows it going Sam? Hope you and yours are doing well.


And yea.... you can say that again!

[shartley]

Oh most definately not the G/F. But I do not have my powers anymore to figure it out. Most likely someone wanting to stir up old stuff out of frustration.

Hows it going Sam? Hope you and yours are doing well.

And yea.... you can say that again!
My thoughts as well.

Things are going fine. And the family is doing good. My back is still not right, but MUCH better than it was at the beginning of the year.

Heck, I get to actually go out and play paintball next month! LOL I have just been too busy this year to get out and play. But a local field is having an “Oldies but goodies” day September 18th which includes an open swap meet…. Can’t miss that one!

Hope you and yours are doing well. I know you post even less than I do now days (which is substantially less than it used to be), so I catch you when I can.

[Tunaman]

Since I am no longer in the Admin and all that here I can speak a bit more freely about this than I could way back then.


At one point Tunaman and Don were in business together. Actualy Tuna was doing all, or most, or the work for him... pretty much. Tuna had many dealership accounts with various Paintball companies that Don needed. And Tuna allowed Don to take out the AGD dealership in his name and supply him with AGD stuff. So it was a cooperative deal. Tuna was supplying Don with his line at cost and Don was to supply Tuna with AGD stuff at cost. Or so it was SUPPOSED to be.

Turns out Don made Level 3 dealership and lied to Tuna about it and continued to charge Tuna an additional 10% on all his stuff. All the while indicating thats what he was paying for it. Don had this going for almost a year. Kept telling Tuna he was hoping to get level 3 any time now. Never told Tuna he had it. Continued to take his money while continuring to get stuff from Tuna for Tuna's cost. It was accidentaly discovered that Tuna was not getting his stuff at cost. They were partners and he was excluded.

Inadvertenly it was me that told Tuna this. I found out accidentaly when I had a missordered marker from AGD that I knew Tuna needed to fill an order. So I offered to pass it along to Tuna for my cost. Level 3. And Tuna was suprised when I told him what to pay me. He and I then put two and two together. Tuna had a price list but it was not the right level. Don had given him only level 1 prices. The cat was out of the bag. Accidentaly mind you.

Don complained to AGD that "another dealer" was divuldging costs. Don knew it was me. And I got a call. I said Hell yea I told Tuna! And I explained how it happened. And I was furious that the guy would screw his partner and then complain when he got caught! I immediately pointed out that I was talking to another dealer when I shared that cost. And it was all a big mess for a little while. But it was well known at the time that the Dealership was both Don and Tuna's at the time. And Don got caught screwing his partner that was, in fact, doing almost all the work. Shipping and filling orders. Thats a good example of how Don realy is. Now shortly after this was discovered Tuna severed all ties with Don. And was awarded his own dealership over it all. And continures to be the top seller (most times) for AGD.

Don then went downhill fast it appears now. And was starting to falter on delivery near the end from what I can tell. This was at least 3 or 4 months after Tuna had left the partnership it now appears to me. Rumor has it that Don then tried to scramble around and avoid losing his house. He had mortgaged things to the hilt as I hear it. And he sold the business but continued to deny here that was no longer in on it. I saw a few posts here to that effect. But he quickly quit doing that too I believe, from what I can see now, that he left his new partner with lapsed orders and no money for them. It was told to me that he did not divuldge the true situation to the buyer of the business. Who quickly was overwelmed with your backorders and no operational moneys to cover them and now has had to file chapter 13. It was my understanding that this guy had no idea about all your stuff when he got into this. And was taken for a ride as well. And Don dropped out of site.

At least this is what I know and what I am told. I am fairly certain it's mostly accurate. But I leave it up to you to decide. Most of this we are deducing from things we are being told after the fact. I believes its ,for the most part, accurate or at least a decent summary.Actually, We were NEVER in business together. WE were swapping parts...thats about it. No partnership ever materialized in any way shape or form. And boy am glad ;) .

[Ole Unka Phil]

Actually, We were NEVER in business together. WE were swapping parts...thats about it. No partnership ever materialized in any way shape or form. And boy am glad ;) .

I stand corrected. But still... it was a Gentelmans agreement they worked under and Tuna got crapped on. And he got screwed in the process in it all just like people did here after that point. So it's, for the most part, as I layed it out. I knew tuna would set it straight so I emailed this link to him so he would see it and comment. Because I did not want to portray it wrongly. And he has indeed clarified the situation.

But also remember that since I am no longer a Mod/Admin... I can speak more freely. He cannot. And I respect that.

[Bulldog]

Heh. I amlost pre-ordered my x mag from don.