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Question about Ch11 - who to ask?

TASEsq

TASEsq

Well Known Member
Patron
Does anyone know who we are supposed to ask questions around chapter 11?

I asked a question on the smart exchange portal on Dec 21 and it is yet unanswered. So I don’t think that’s a viable option.

Does BMC have an email address? I can’t seem to find it anywhere.

My question is this:
I’ve agreed to the new pricing and signed my new order etc and from Van’s on the email i’m #12 in the list for my kit. I have not had the 60 day crating notice, so I’ve still got at least 74 days before having to pay more money. By that time the cutoff date for filing claims will have expired.

So - say I don’t file a claim, and on good faith believe Van’s will send me my kit. What happens if they don’t, and I haven’t filed a claim? Do I lose my initial deposit and have no right to bet it back? Should I file a claim anyway just in case? Or does filing a claim cancel my order etc?

The document I signed when making the order under the new terms doesn’t mention anything about making a claim. All it says is that my additional deposits / payments will be held in trust and protected (but presumably not the deposit I’ve paid before ch 11). Protected until they begin to assemble my kit 60 days prior anyway.
 
TASEsq said:
Does anyone know who we are supposed to ask questions around chapter 11?

I asked a question on the smart exchange portal on Dec 21 and it is yet unanswered. So I don’t think that’s a viable option.

Does BMC have an email address? I can’t seem to find it anywhere.

My question is this:
I’ve agreed to the new pricing and signed my new order etc and from Van’s on the email i’m #12 in the list for my kit. I have not had the 60 day crating notice, so I’ve still got at least 74 days before having to pay more money. By that time the cutoff date for filing claims will have expired.

So - say I don’t file a claim, and on good faith believe Van’s will send me my kit. What happens if they don’t, and I haven’t filed a claim? Do I lose my initial deposit and have no right to bet it back? Should I file a claim anyway just in case? Or does filing a claim cancel my order etc?

The document I signed when making the order under the new terms doesn’t mention anything about making a claim. All it says is that my additional deposits / payments will be held in trust and protected (but presumably not the deposit I’ve paid before ch 11). Protected until they begin to assemble my kit 60 days prior anyway.
Click to expand...
How quickly were you told your spot in line? I have no clue how far down the line I am nor how long it will before I possibly have a crating window.
 
Ask your lawyer. BMC is the administrator and you are asking lots of legal not administrative (e.g. how to upload a pdf) questions which they are not allowed to answer even if you did reach them.

Now my little bit of understanding is this. If you sign the new contract you got a contract that's binding again which should protect you unless Van's doesn't emerge from chapter 11 at which point there will be another claims period. Again please ask a lawyer... .

Oliver
 
spatsch said:
Ask your lawyer. BMC is the administrator and you are asking lots of legal not administrative (e.g. how to upload a pdf) questions which they are not allowed to answer even if you did reach them.

Now my little bit of understanding is this. If you sign the new contract you got a contract that's binding again which should protect you unless Van's doesn't emerge from chapter 11 at which point there will be another claims period. Again please ask a lawyer... .

Oliver
Click to expand...
Thanks,

The issue is getting a lawyer here in Australia that understands anything about US chapter 11 is likely more than the cost of my last kit.

So the chapter 11 makes only PREVIOUS contracts void? all new contracts are bound by their terms?

Unless they go totally tits up then we start again?
 
TASEsq said:
Thanks,

The issue is getting a lawyer here in Australia that understands anything about US chapter 11 is likely more than the cost of my last kit.

So the chapter 11 makes only PREVIOUS contracts void? all new contracts are bound by their terms?

Unless they go totally tits up then we start again?
Click to expand...

That’s my understanding. Also chapter 11 doesn’t make all previous contracts void only the once Vans chooses to void. There might also be a difference of how much you get if Vans goes into chapter 7… .

As for lawyer you really need a lawyer familiar with bankruptcy law in Oregon. You can find referrals on the Oregon bar association website. As you said depending how many $$ you have tight up that might not be cost effective…. .

Oliver
 
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