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.

[battlegroup]

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

[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?

[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?