Getting my parts back from bankrupt shop

[rscheps]

Anyone have any experience with getting parts back from a shop that has gone Chapter 7 ? I sent some parts in to a chrome shop that folded. The attorney general sent me a claim form to send in to the bankruptcy court - but I have my doubts if that will work.

Has anyone been through this and actually seen their parts again? I assume the bankruptcy trustee has access to the shop - I just need to make sure they don't sell off my parts with the shop's assets.

The shop is Nu-Chrome in Mass. for those interested. They had done good work for me a couple of years ago so I didn't do enough DD before sending this batch of parts in. The worst of it is, the parts were actually finished when they folded. Doh!

[awhnry]

Anything you do must go thru either the Bankruptcy Court or the Trustee. You might try talking to the Trustee and if you dont get satisfactory response, find yourself a knowledgeable bankruptcy lawyer. Proof of ownership or receipt will be necessary in most circumstances. YMMV

[Unobtanium-inc]

I would try a backdoor method of getting them back. Try to track down somebody who worked there or even the owner. They may be willing to just hand your parts to you. - Matt

[TCracingCA]

I would move quick and attempt contact/phone anyone that you can that was related to that business and park in front with your receipts and threaten police and such for your stolen property! While You put a lien in against the former Owner, the business, and start small claims action against those parties and the shop personnel (name everyone). If it is foreclosure related, then I would bring a small claims against the mortgage holder and such or the bank etc.. based on the receipts for your property! Or if eviction caused, sue the Landlord, the lot/bldg Owner, and the Management Company, Agents and Owners etc. And consult an Attorney might be the best move, but they are usually too passive and lega and slow in getting action or a status for my style! And be prepared to pay for services claimed or possibly offer a bride to the Owner giving him some amount that he probably doesn't deserve to minimize your loss! What kind of stuff and parts are we talking about first??? Is it worth all of the effort!

[Unobtanium-inc]

If you wait in line with the real debt holders you will get pennies on the dollar, if anything at all. Most of the time the customers with very small claims will be last on the list. You can jump through all of the above mentioned legal hoops, spend time and money making it happen, and you'll probably get nothing because the company has nothing. The only thing they DO have is a stack of parts that belong to you. Try to get your hands on them. - Matt

[TCracingCA]

Originally Posted by Unobtanium-inc

If you wait in line with the real debt holders you will get pennies on the dollar, if anything at all. Most of the time the customers with very small claims will be last on the list. You can jump through all of the above mentioned legal hoops, spend time and money making it happen, and you'll probably get nothing because the company has nothing. The only thing they DO have is a stack of parts that belong to you. Try to get your hands on them. - Matt

It would be nice, but considering the circumstances, someone will have to be coerced or threatened with action! You might post a nice letter up on the building asking for a reply! (I assume the business has been closed)!

[awhnry]

Sounds like great advice but most of what TCracingCA suggests is a violation of the US Bankruptcy Stay and will land you in front of the Bankruptcy Judge explaining why you violated the Stay. You either file for relief from the Stay(contact bankruptcy lawyer for details) or negotiate with the Bankruptcy Trustee. In no event should you attempt self-help remedies unless you like to appear in court and pay fines, costs and attorneys fees for violations of court orders. YMMV

[Unobtanium-inc]

I think those who are immersed - whether by trade or Internet hobby - in the legal ins and outs of these sort of cases tend to overstate the severity and consequences surrounding them. I don't think a judge is going to slap you with anything for trying to get your parts back, even if you ARE violating some part of the bankruptcy law that we aren't familiar with. Unless you delight in dancing with the legal system (and some people really get off on it) you should either try to get the owner to walk in and hand you your parts or just walk away and move on emotionally. Most bankruptcies are slow, clumsy processes and don't involve padlocked doors or men in black. I still argue there's a good chance of somebody tossing your parts to you and saying "Now go on, get out here." - Matt

[awhnry]

Maybe so but the OP needs to understand the risks for any unapproved conduct. Some judges have better senses of humor than others.
I represent 6 different "buy here; pay here" used car lots and have seen all types of conduct and can tell u that the threat of contempt of court is real. And yes, I play at being a lawyer in the other world.

[Dodge Man]

I almost lost my ignition lock & door locks by not acting quickly. IMHO Act quickly & stay legal. IT may require burning vacation days and finding a lawyer that is getting other people's parts out too. Piggy back can save you some $$$. M2CW If you put yourself in a bad legal position you will look like the bad guy in court. IME I spent many years dealing with "shop hell" and it was an endurance contest. Best of luck.

[Quicksilver]

I know a fair bit about bankruptcy as I provided services for chapter 7 trustees for 10 years.
(Wish I had written down the trustee's stories because it would have made an incredible book...)

Do NOT screw with the trustee or the federal courts. If they find out you will have painted a big target on yourself that you can't get rid of. Then comes the US marshals...

- Contact the trustee. They are appointed to resolve everything involving the resolution of the case.
- Your parts are not property of the debtor so they are not subject to liquidation by trustee. The trustee will want something to show what is yours. It may be as simple as simply providing a list that would let them identify it or they may want a receipt. The trustees are amazingly overworked so they aren't going to drop everything and go to the shop so you can get your stuff but they are also as a rule reasonable. Just don't screw with them. (There is no need to.) They know how to deal with pretty much any way that someone can mess with them as they have seen it all.

For fun when you are there ask the trustee what the weirdest thing they have seen someone try to pull in the last month. They have the best stories.

(PM me with the trustee's name. I might know them. If not I know someone who knows all 1600± trustees currently on the panel.)

[bike2ride95]

Had this happen to me, never recovered lost parts, the shop had the audacity to say its in my possessions. He must've been smoking crack.
I just sued the shop owner , won but didn't recover squat. Now my sole purpose is
to rub dirt on his name till the day I die. He won't be wrenching Porsches for a
good while. And needless to say, me & him can walk on the wild side that is
if he has any balls. John Holleran, you hear me???

[dondarnell]

First, I am a bankruptcy lawyer. Your parts are yours and not property of the estate. But, you still have to go about getting them back the right way. It may just take a call to the trustee. Or you may have to file a turnover motion. A violation of the stay is not a chance you want to take. If the parts are done and you haven't paid, you will probably have to pay for the work.

[rscheps]

Thanks for all the advice. I don't plan to violate any bankruptcy stays. I will talk to the trustee and send her pics of the parts I have at the shop.

I have also been talking to the shop owner and he is giving the impression he may get access to shop again in the next few weeks. That may be a lie, but he doesn't have any real incentive to lie to me at this point.

So I will try and work it from both of these angles (trustee and owner) and see what happens. Thanks all for the advice.

[Monza_dh]

I am in MA and can take a drive over if you get anywhere with the owner

[Quicksilver]

Originally Posted by Monza_dh

I am in MA and can take a drive over if you get anywhere with the owner

You really don't want to do this. The owner very well might not understand the situation but the trustee is 100% in charge of the situation and the trustee controls all access to the business now.

I would not go with the owner to pick something up unless a representative of the trustee is present. Debtors commonly can't wrap their heads around the simple concept that nothing is "their's" anymore until the case is discharged. A trustee would never allow a debtor to have unsupervised access to a business that is in a bankruptcy as the obvious only reason the debtor would go there would be to do something with assets. If the trustee knowingly did that they would be thrown off the panel for misconduct.

This process will work itself out. Give it time.

[TCracingCA]

Originally Posted by awhnry

Sounds like great advice but most of what TCracingCA suggests is a violation of the US Bankruptcy Stay and will land you in front of the Bankruptcy Judge explaining why you violated the Stay. You either file for relief from the Stay(contact bankruptcy lawyer for details) or negotiate with the Bankruptcy Trustee. In no event should you attempt self-help remedies unless you like to appear in court and pay fines, costs and attorneys fees for violations of court orders. YMMV

Thus how do you know there are BK proceedings? Have you been served notice? No! Thus your suspicion naturally is not validated and you don't want it validated. A BK sounds like Hearsay as long as you don't read any notices or such posted. Thus you act like a party that handed someone property and you pursue the holders of that property for the recovery of that property. That is why you have to go fast! No one likes a potential Lawsuit or the potential of losing a day sitting in Court to tell the Judge that there is a BK pending! If an actual BK hits you in the face through formal disclosure of someone in an official position while proceeding, then you change direction!

Plus your parts by proof of the receipt are not part of any BK proceedings and you are taking them all to Court placing the matter in front of a Judge, so how can that (taking parties to Court) ever be considered as a violation of Law or a matter that would warrant a Marshalls visit because you are threatening to sue people that have possession of your stuff! Stupid Lawyer types!!!!!!!!

[DSM]

I had a similar issue. My entire car in pieces was in a shop that closed. The DMV can help! Check with them...

[awhnry]

Not going to argue with you BUT a small claims court judge has no authority over the Bankruptcy, Bankruptcy Trustee, or Bankruptcy Judge. Knowledge of the BK is all that it will take to get a citation for violation of banktuptcy stay. I know which case I would rather handle unless you have a really big wallet and dont want to listen to my "this type of case is what pays for my toys" speech.

[Quicksilver]

Originally Posted by awhnry

Not going to argue with you BUT a small claims court judge has no authority over the Bankruptcy, Bankruptcy Trustee, or Bankruptcy Judge. Knowledge of the BK is all that it will take to get a citation for violation of banktuptcy stay. I know which case I would rather handle unless you have a really big wallet and dont want to listen to my "this type of case is what pays for my toys" speech.

Exactly!
The trustee has software that will automatically create the document to stop ANY legal proceedings. (clickity click, ... click to file it on PACER. Done) And how much time did you waste tilting that windmill?

Originally Posted by DSM

I had a similar issue. My entire car in pieces was in a shop that closed. The DMV can help! Check with them...

"Closed" has no similarity to a company under "bankruptcy protection". DMV can't do anything because they have filed for federal bankruptcy protection. The whole world stops until the the trustee completes her job and bankruptcy is discharged.

Company Bankruptcy Information for NUCHROME LLC

At this point any action that doesn't involve the trustee or her authorized agent is foolhardy and almost certainly illegal.
Trustees have a thankless job and it is a minority of cases where the debtor is in a situation where the trustee can have any sympathy for how they got there. The trustee has sympathy for creditors and innocent bystanders like rscheps. Let's try to keep it that way.

I've discussed this with rscheps and he has taken the first steps to notify the trustee of his property and the process takes some time. In addition I've made some direct inquiries with a person has that worked directly with the trustee, plus I talked to a couple local trustees to see if they have advice on working this smoothly with the current rules and process.
It is likely that the trustee was on vacation last week but she has to be working this week as the 341 meeting (initial examination of debtor) is this Tuesday. Another call Monday would be a good idea.

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I notice the Nu-Chrome website is still up. Should point out the existence of the domain in case she missed that asset.