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Posted by Frank Olson on July 15, 2007, 1:19 pm
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> 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.
You forgot to mention the funny wig. ;-)
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