Re: Brinks Home Security v Jim Rojas

["Roland More" <NoSpamroland@xxxxxxxxxxxx>]

There are what are called automatic stays when you file for bankruptcy.
Automatic protection from Brinks is included in that realm of protection.
Yes, one court (especially Federal) can protect you from actions from any
other court. In order for Brinks to continue against Jim, Brinks would have
to petition the bankruptcy court for permission. In that bankruptcy court
environment Jim could ramble on about the "facts" he mentioned here, without
the normal legal impediments in play, and Brinks would probably not win such
an effort. Brinks probably wouldn't even file the motion because it would
not be in Texas, but Florida, and they know they would not be granted the
motion with the facts as they are. Brinks attorneys will be in violation of
the law if they filed any more actions against Jim, even if they were not
directly informed of the bankruptcy. Once informed, if Brinks' attorneys
persist  they could be cited for contempt and ordered to jail. It would be
so cool to have a Federal Marshall show up to their office and haul them off
to jail. Lawyers know that can be done be they seldom do it to each other.
That is why I suggested hiring a really mean bankruptcy attorney, because
there are a few that will do it. Robert, your admonitions about bankruptcy
and its aftermath are noted, however just like you could file for divorce
and not go through with it and you'd still be married, same thing with
bankruptcy. If you go into bankruptcy, and once Brinks is gone, then come
out again. There are many types of bankruptcy filings. Some types are
literally a shelter from your creditors (and legal adversaries) "beneath
which you can hunker down with your cash and other personal property". That
is the nature of "debtor in possession". In all you years in business you
never received any notice of bankruptcy filings from clients? I have had
plenty. If it is a chapter 7 liquidation that is one thing, and that is what
you seem to be describing. Other bankruptcy filings leave you in charge and
your creditors holding the bag waiting for some partial repayment. In any
case what chances to you give Jim going through this against Brinks pro se?
What do you suspect he'll be left with after Brinks is finished with him
versus a bankruptcy filing? Jim has not seen the need to hire an attorney
and unless you are offering to pay his legal bills, I suspect no one else is
either. Bankruptcy is one simple way he could get Brinks off his ass and not
spend a fortune (I think the filing fee is less than $300) doing it.
http://www.nolo.com/article.cfm/ObjectID/C3912111-4136-471B-AC952D51C612C369/catID/28A8A549-1CB4-4056-996C40E5834F3741/213/161/129/ART/
Bankruptcy court would be far less dangerous a place for Jim to seek pro se
releif  than Federal Court. I don't know if Jim even knows there is a dress
code for Federal Court that is strictly enforced by some courts. Just buying
the right suit to appear in Federal Court could could set him back $300.
Chapter 11 is probably the most flexible of all the chapters, and as such,
it is the hardest to generalize about.  Its flexibility makes it generally
more expensive to the debtor. However it may be Jim's cheapest way out of
this mess.

"Robert L Bass" <RobertLBass@xxxxxxxxxxx> wrote in message
news:ufjmi.343$fj5.0@xxxxxxxxxxx
> The problem with filing for bankruptcy is it ruins your credit for years
> to come.  Once you've done it you can't get a decent loan rate on
> anything.  Credit card processing companies may refuse to work with your
> website.  Also, bankrupptcy does not protect any liquid assets or chatel
> property you may have.  In Florida your homestead ("house" for all you
> Texans and other species of snowbird) is sacrosanct but almost nothing
> else is.
>
> Bankruptcy is not a shelter beneath which you can hunker down with your
> cash and other personal property.  Anyone who succeeds against you in
> court will have to wait his turn behind other creditors who will get first
> dibs on your assets.  When it's all done you'll have your home and not mch
> more.  Also, filing for bankruptcy right after a default judgment has been
> obtained against you will not sit well with the courts.  The federal court
> can decide that the bankruptcy filing is just a ploy and over ride it.
>
> What Jim Rojas really should do is hire a competent attorney and then
> follow his advice.
>
> --
>
> Regards,
> Robert L Bass
>
> =============================>
> Bass Home Electronics
> 941-925-8650
> 4883 Fallcrest Circle
> Sarasota · Florida · 34233
> http://www.bassburglaralarms.com
> =============================>