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My Marina is in bankruptcy

Old 01-11-2019, 08:37 AM
  #21  
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Many facts not stated, How big is the boat? Is it on a trailer or on cribbing? Is its location blocked by other stored boats? Although technically not an "asset" of the yard, a possible mechanic's lien for unpaid work could delay its release. Prudence would dictate that you do everything possible to not become entangled in the bankruptcy mess. The judicious tender of some Dead Presidents to the present owners might facilitate your early release and spare you from significant loss in the future, be it a loss of money or a loss of boating time while your boat is unavailable due to the bankruptcy process.
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Old 01-11-2019, 09:38 AM
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Originally Posted by mikee332 View Post
How is his boat considered an asset of the marina's? I do agree with others to get your boat out ASAP.
the issue is that he Might have to go through a legal process to prove that it is his boat and that he does not owe the marina (and now the creditors) any money on outstanding balance(s)

Last edited by pavlov; 01-11-2019 at 09:39 AM. Reason: Tupo
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Old 01-11-2019, 12:07 PM
  #23  
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The level of stupidly on this site never ceases to amaze me! Almost every boat in every state is titled by the state, conclusevily proving ownership! Liens may be a different issue!

Last edited by finatic1; 01-11-2019 at 12:10 PM. Reason: typo
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Old 01-11-2019, 12:25 PM
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Originally Posted by Lazypiper View Post
I am a new member so THT will not let me attach a link.
You can if you're a paid member. Are you bankrupt too?
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Old 01-11-2019, 12:37 PM
  #25  
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I used to own garages, also had a tool sales business and have watched similar things happen when garages filed for bankruptcy in possession of customer vehicles. Prudent trustees will issue a writ ordering that nothing be taken from the business' premise(s) until they're determined to be unencumbered - the vehicle's owners don't owe money to the business that can be used to pay back creditors. Trustees typically are aware of the difficulty this creates for consumers and tend to act quickly to resolve these matters, but it could literally take months in some cases.

My opinion is that fortune favors the bold and I would try my best to just get my boat out of there if at all practical. Failing that, I would contact an attorney (if I were in a hurry) or just wait for the trustee to sort this all out, a process that they're well acquainted with and try to make as painless as possible for consumers. You should be ready, as others have indicated, to prove ownership of your boat and you might have to be ready to dispute any outstanding invoices that you believe are in error.

Good luck!
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Old 01-11-2019, 12:53 PM
  #26  
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Originally Posted by Carpe Cerevisi View Post
Spend a little money with an attorney and have them reach out to the Trustee for the BK. As soon as the petition is filed, a Trustee is appointed and all assets of the debtor are under the Trustee's control. They do not know what boats belong to the debtor versus a customer so they wont just let you take a boat. You'll need to show the Trustee that a certain boat is yours, not the marina's. The Trustee will let you have it. If they are picky about things, you'll need to file a Motion in the BK case to have the stay lifted as it pertains to your boat. This will alert the Court and all creditors that you own that boat and are taking possession back. Probably wont come to that but it may and that is why it would be a good idea to consult with an attorney before doing anything. Just my $ .02..... Good luck.
Carpe is on the right track. If you owe the marina any money you will not get your boat back until you satisfy the debt.

If the marina owes you for services you paid for but did not receive, you are now a creditor.

You have to prove the the BK trustee that you owe nothing so you can retrieve your property.

Good luck.
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Old 01-11-2019, 12:57 PM
  #27  
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Originally Posted by ken62k View Post
If you can, I would get my boat out of there fast.
This cannot be stressed enough. I wold worry about this FAR MORE than whether or not you have to eat the cost of shrinkwrapping twice.

Last edited by jobowker; 01-11-2019 at 01:38 PM.
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Old 01-11-2019, 12:59 PM
  #28  
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Originally Posted by finatic1 View Post
The level of stupidly on this site never ceases to amaze me! Almost every boat in every state is titled by the state, conclusevily proving ownership! Liens may be a different issue!

No stupidity here. The point that everyone is properly making is that if the "marina" has possession of the boat, then the burden might be on the OP to "prove" ownership and lack of liens. The time and place that such "proof" can be submitted might not be of his own choosing. On the other hand, if the OP is in possession of the boat, he can go boating while the rest of the issues play out. He will be far down the line of creditors to get a refund from the Trustee; the credit card chargeback is his only hope for getting any money back.

Ugly situation. It won't end well.......quick action to get the boat out of there is the only way the OP can try to limit his pain.
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Old 01-11-2019, 12:59 PM
  #29  
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Get it out BEFORE that great big chain and lock get put on the gate.
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Old 01-11-2019, 12:59 PM
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I would assume the property has been locked and whatever obligation you have under any contract with the Marina will be an asset of the company that filed for bankruptcy. Get it out if you can if not contact the bankruptcy court.
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Old 01-11-2019, 01:06 PM
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I would add, do not do a charge back on the card if there is any question if part of the charge back will be for services performed. Example you had a bill for $1000 which you paid but only 10% of the work was done, if you charge back this payment you could end up with more headaches than the money is worth. I'd pay an attorney an hours time first before doing anything else.
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Old 01-11-2019, 01:45 PM
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Originally Posted by VTXrider View Post
I would add, do not do a charge back on the card if there is any question if part of the charge back will be for services performed. Example you had a bill for $1000 which you paid but only 10% of the work was done, if you charge back this payment you could end up with more headaches than the money is worth. I'd pay an attorney an hours time first before doing anything else.

How do you figure? If the charge is improper (too high in view of what was actually done) he is entitled to dispute it. Of course he should not lie, but he can dispute a charge or part of a charge without lying. If the vendor does not dispute his disputing of the charge, he gets his refund, and the burden shifts back to the marina to bill him properly for services rendered. If the vendor does respond and asserts that the charge is proper, the charge will probably stay on his account, and then the OP is stuck with whatever legal remedies are afforded him under bankruptcy laws....which will be little or nothing.

I don't see how he creates headaches by disputing an improper charge, whether it is partially or completely improper. The headaches will come if he doesn't.
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Old 01-11-2019, 02:20 PM
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Originally Posted by 6104696 View Post
How do you figure? If the charge is improper (too high in view of what was actually done) he is entitled to dispute it. Of course he should not lie, but he can dispute a charge or part of a charge without lying. If the vendor does not dispute his disputing of the charge, he gets his refund, and the burden shifts back to the marina to bill him properly for services rendered. If the vendor does respond and asserts that the charge is proper, the charge will probably stay on his account, and then the OP is stuck with whatever legal remedies are afforded him under bankruptcy laws....which will be little or nothing.

I don't see how he creates headaches by disputing an improper charge, whether it is partially or completely improper. The headaches will come if he doesn't.
I think the most important part of my advise is consult an attorney.

My point is if there is a bill that says "Winterizing" for XXX dollars, whatever that costs. Some parts of winterizing is performed and some is not, he could get caught into a having to deal with the bankruptcy over if he owes money. If each item or service is clearly itemized he may be more clear to do a partial charge back. However he could expose himself to questions on if he owed the marina in the bankruptcy.

I'll give you an example of a slightly different case, when I sold a house. The county did not record the property tax payment from my escrow so the closing agent paid it again. When proof was provided that the payment had been made the county was told to return the extra payment. The county returned both payments and then charged me a returned payment fee and I had to pay a higher tax for not paying in November (Florida discounts 1% for each month you pay early). I asked my attorney about it, his response was basically that I'd win for sure and they'd refund the difference of about $350 but it would probably cost me 10 to 15 hours during county business hours of my time and he couldn't help because he'd have to charge me a multiple of the amount in question. Moral of the story, sometimes it's better to know you are right and lose the money anyway than fight to correct it.
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Old 01-11-2019, 02:27 PM
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Crazy things happen that you would never foresee. I agree with others who say to go get it out of there pronto! I know someone who went to go sell their house that they'd had paid off for years. Found a buyer and got down to the title work part of the deal. Found out there was a lien on their house because a plumber who put some new pipes in their house decades before had not paid the supplier for the pipes So there was basically a lien on their plumbing! My friend ended up just paying (a second time) for the damn pipes to free herself from the mess.
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Old 01-11-2019, 02:31 PM
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Originally Posted by mikefloyd View Post
I would assume the property has been locked and whatever obligation you have under any contract with the Marina will be an asset of the company that filed for bankruptcy. Get it out if you can if not contact the bankruptcy court.
I'd be swimming to it if necessary!
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Old 01-11-2019, 02:32 PM
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Get boat out first then charge back card for services not received
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Old 01-11-2019, 02:42 PM
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Without knowing what type of boat it is, if it is required to be winterized to protect the engines or water system from freezing, I can guarantee that it wasn't done and with it being 20 degrees out, those items will be frozen. In that case the OP should also contact his insurance carrier and let them know about a potential claim - if you don't and it is discovered after the bankruptcy filing deadline passes, your insurance company may not cover your loss because you waived their subrogation rights.
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Old 01-11-2019, 02:52 PM
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After judgement is made the court can authorize law enforcement to go out and start confiscating property, I believe. Do you think deputy Snuffy knows or cares who legally owns the property? Or like the above post simply lock everything in the marina.
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Old 01-11-2019, 02:58 PM
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I agree get the boat out, while that is the right thing to do, It just seems wrong that a titled vehicle in your name could be held hostage without the hostage providing the proof of debt. IMHO that would be Grand theft. Yes I know in the real world that is not what happens. Owners should have immediate rights and not be subjected to bean counters.
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Old 01-11-2019, 03:04 PM
  #40  
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Unless this is a pre-packaged reorganization which I highly doubt, Get the boat out of there ASAP. From the sat photo, that may not be possible.

If it is on a trailer and you could driver it out of the lot, just do it. Just have your registration/title with you if a cop thinks you’re stealing the boat.

If the boat is physically blocked, then you have to contact the Trustee and work it out with him. Most Trustees are reasonable attorneys and they don’t want to screw with you if you are just an innocent customer here.

But it you need to physically have the boat out of there. Nothing good will happen to it sitting there. Security will be lax. Maintenance won’t take place. You want as little to do with this bankruptcy as possible. You are just an unsecured creditor unless you paid by credit card in which case you might have some recourse.

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