Robert Russell Apiaries - Update

[southfork]

Hmmmm. Interesting read. I was in the process of putting in an order for sk queens and something happened with one of my young children so I didn't get a chance to for several days. By then all hell was breaking loose and I backed out. Seems I dodged a bullet. edit: darn shame. I still dream of such a bee as the sk/skc was touted to be.

Edi

[amethysta]

I had ordered one nuc in 2011, never received it and never heard back from my many inquires to RA. Now I have received a letter from a bankruptcy service that noted that I do not have the right to demand reimbursement from Russell Apiaries. I thought you folks may be interested in this news.

[Rusty Hills Farm]

He's filed for bankruptcy, which puts him under the protection of the bankruptcy court. Which is to say that you get in line with the rest of the people he owes money to. The courts will decide who--if anyone--gets paid. That always seems to mean that the banks get theirs first (if there is anything to "get") and everyone else gets to whistle "Dixie"!

Rusty

[Intheswamp]

He's filed for bankruptcy, which puts him under the protection of the bankruptcy court.

Rusty

Which, as I understand it, means that you are (by law) not to contact them in any way in regards to collection or debt.

Ed

[Rusty Hills Farm]

Which, as I understand it, means that you are (by law) not to contact them in any way in regards to collection or debt.

Ed

Exactly.

Rusty

[deknow]

Which, as I understand it, means that you are (by law) not to contact them in any way in regards to collection or debt.

Err, not quite. Once you are informed as to the contact info for his bankruptcy attorney, that is who you must contact (and you cannot keep contacting the debtor directly).
Unless there are really good books (which I doubt), the attorney responsible probably doesn't have a list of beekeepers that are owed anything.
You have to contact the attorney if you even want to be on a list that might be compensated. Russell has to give you the information about the attorney.

deknow

[Specialkayme]

Unless there are really good books (which I doubt), the attorney responsible probably doesn't have a list of beekeepers that are owed anything.

The schedules listed most of his creditors fairly accurately from what I knew.

You have to contact the attorney if you even want to be on a list that might be compensated. Russell has to give you the information about the attorney.

Not correct. If you received notice of the bankruptcy, you are listed as a creditor already. If the Trustee decides there are assets to liquidate, he will request that creditors file a Proof of Claim. Those that file a Proof of Claim will be paid, pro-rata, from the net proceeds from the sale of property.

If you did not receive notice of the bankruptcy, you were not listed as a creditor. You should contact the debtor's attorney and request to be added to the schedules (or contact the Trustee, although he won't do anything at the moment). If you didn't receive notice of the bankruptcy (either formally through the mail, or informally by reading this thread) you can still contact the debtor directly, but once you receive notice you must stop. Failure to do so is a violation of Federal law.

[Intheswamp]

Thanks for clarifying some of the issues regarding contacting the debtor.

It doesn't hurt to put your name in the pot, but if there are secured creditors...don't hold your breath on getting any satisfaction as it will be a slim chance that you will get it.

Ed

[amethysta]

Thanks for clarifying some of the issues regarding contacting the debtor.

It doesn't hurt to put your name in the pot, but if there are secured creditors...don't hold your breath on getting any satisfaction as it will be a slim chance that you will get it.

Ed

One thing the letter mentioned is to not put a claim until I was instructed to do so. All I can do is be happy that it was only one nuc.

[Rusty Hills Farm]

If you are listed in the bankruptcy, can't you then take a tax deduction from the IRS for the loss? So at least that would be one way for everyone to recoup a bit of the money lost.

Rusty

[Wisnewbee]

why not hit him another way. Since you most likely will not recieve a penny in the bankruptcy, make the decision to write off the debt and have a 1099-C Cancellation of Debt issued. This is reported to the IRS as income and he is forced to file it as income. You will have to wait until after this is all done otherwise while it's in proceedings, he doesn't have to claim it as income.

Wisnewbee

[Intheswamp]

Hmm, federal bankruptcy laws don't protect the debtor from this?

[alblancher]

I guess it all depends on if you are named as a creditor or not in the bankruptcy.

[Specialkayme]

No, it doesn't matter if you are named as a creditor in the bk. If you are reading this thread, you have received notice of the bk. You can't issue a 1099-C to someone who received a discharge of the debt.

[matt1954]

Actually, I went through this with WorldCom who was one of my clients in a prior life. You have to contact the court and download a form called a "proof of claim" from the courts website. Complete it, send any proof you have and file it with the court. You may get something, but you will never be made whole. I wound up getting 20 cents on the dollar from my claim with WolrdCom. Also, always send an additional copy of the proof of claim and ask for a "file marked" return copy. Hope this helps.

Err, not quite. Once you are informed as to the contact info for his bankruptcy attorney, that is who you must contact (and you cannot keep contacting the debtor directly).
Unless there are really good books (which I doubt), the attorney responsible probably doesn't have a list of beekeepers that are owed anything.
You have to contact the attorney if you even want to be on a list that might be compensated. Russell has to give you the information about the attorney.

deknow