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simpletony · Mar 23, 2008, 07:08 PM

I'm a CA contractor also living in NM and contracted to move a mobile home from a Northern CA park to private property. My contract provided for delays, and had trouble finding a qualified transporter who took a month to get on the job, then rain delayed me. The woman owner made a pass at me I declined, then breached my contract by hiring another who couldn't start work immediately due to the rain that was delaying me. We went to binding arbitration where I was subject to a travesty of justice; the arbitrator referred to my claim of delay as "lack of materials" instead of the correct "subcontractor delay" and also did his own rain research and erroneously found there had been no rain. I had absolutely no appeal option and a $7K claim became a $100K judgment. I filed BK in NM but had trouble getting my income and expense forms right and the BK attorney was no help. The CA creditor claimed foul and the NM BK trustee is claiming "fraud" and wants to revoke my BK and probably worse so now I'm getting beat up by the BK system as well as the Northern CA civil system. My income and expenses are so erratic and have been so intertwined it would take a CPA a month to sort it out and who could pay for that? The trustee is also trying to take my son's CA house my family and I sometimes live in they claim I owned and somehow transferred or sold to him but is not the case. I pay my son the amount of his rising variable mortgage payments but he can't refinance because they've placed a "lis pendens" on the property and we may end up in the street. I live under a black cloud and desperately need some help. Is anybody out there who's listening or can help in some way.

Fr_Chuck · Mar 23, 2008, 07:30 PM

I am sorry you are having so much trouble, I am also sorry I don't seem to see a Question here??

But showing proof of income for the 6 months ( or is it 3 months) prior to filing bankruptcy is a requirement, if you were not keeping your books well, this should have been done prior to filing, If they dismiss your bankruptcy where you can't re-file this will be serous. All your son has to do is prove he has paid from his money for his home, if he can't, he will be in seroius trouble on this as you have stated.

simpletony · Mar 23, 2008, 07:36 PM

Thank you for the prompt response. My son has proved all of this clearly to them but they continue to press on as though there were no law. He bought the lot and built this house from scratch and makes the payments.

And, yes I should have taken the time and spent money I didn't have to get the accounting done right but the judgment creditor was breathing down my back getting ready to attach etc.

I'm in dire circumstances given the details so am praying for help. Thank you.

oneguyinohio · Mar 23, 2008, 07:47 PM

My only thoughts are that you are going to have to bite the bullet and hire the best lawyers and CPAs that you can afford to get this resolved. With the stakes you are facing, this doesn't seem like a good time to be looking for a cheaper solution.

Sorry if I am being too bold, but based on what I read on your websites, it seems like you would have learned a lesson by now about having good legal counsel on your side.

Your ideas for construction sound pretty cool to me so I don't want to beat you up too badly, but your situation reminds me very much of something I was told long ago. "A fool and their money are soon parted." That expression was applied to the idea that people with money don't necessarily make the best decisions, and if I wanted to get wealthy, then I should use my intelligence to get a share of that money from them. That opened my mind to a lot of business practices, and makes me aware that plenty of people are trying to do exactly that.

If you absolutely can't afford to hire the best professionals, then you'll have to seriously consider walking away giving those other entities what they want.

Have you considered using your talents in other ways? Or what you might be able to fall back on if things go bad for you in this situation?

simpletony · Mar 23, 2008, 07:52 PM

I've never made any real money. I'm a trailblazer, an inventor more than anything. Also a builder and that's how I got here. Had a tumultious several years prior to this BK with partners, corps but little dough and don't have any to speak of now. Rent now over $3K and climing doesn't help. Did you look at me at AEC Tin Cup I'm 68; what else would I do I wonder... driving a school bus wouldn't cover it and would end it for me.

oneguyinohio · Mar 23, 2008, 08:13 PM

I was actually thinking that your skills and talents could be very good in helping build great affordable and alternative environmentally friendly housing for low income people.

It would have to be done in areas without all the building codes... Starting a corporation or nonprofit group like that would be awesome. Using your connections in the industry, would seem to be a great advantage for you.

When I made the comment about things to fall back on, I was just meaning other ideas that you might have wanted to try for a long time? Such as touring the country in a motor home, or starting a company of some type, or becoming a consultant...

I had to file bankruptcy in the past, and had to begin again. It taught me that life can be good no matter how much money you are making. Sure it helps with the expensive stuff, but life's biggest pleasures don't have to cost anything.