Anyone know Brian Atherton of Monroe, MI?

[Roz]

Interesting discussion going on over on FALFILES. Seems Mr. Atherton deliberately defrauded a FALFILES member for $400 and then declared bankruptcy.

Anyone ever deal with this guy before? He's known as goose_green over there.

http://www.falfiles.com/forums/showthread.php?s=&threadid=85537

[Red Sector A]

I'm no expert on bankruptcy .. but if he filed then accepted this man's money.. that sounds very illegal. From what I have seen it takes time to get the bankruptcy approved.

It sounds like if he did accept this man's money after filing, that would constitute fraud.

Again, I am not a lawyer, nor did I play one on TV.... but I did stay at a Holiday Inn Express once. ;)

[Roz]

That was my advice to Strikefear over on FALFILES. Knowing that you are going into bankruptcy and then doing something like this is definitely fraudulent. It's like going out, getting all your credit cards together, running them up the week before you go to meet with the trustee.

[Jim Simmons]

The other thread indicated that this Atherton filed chapter 13. That's reorganization, and not mere liquidation.

If anybody has contact on the FAL boards, tell "StrikeFear" to contact the Bankruptcy Court in Detroit at (313) 234-0065. He'll get an automated system where he can verify that Atherton is in bankruptcy. He can get the case number, whether it's a personal or business bankruptcy, whether its a chapter 7, 11 (business only) or 13; and the current status.

Let "StrikeFear" know that he doesn't have to stop pursuing Atherton until he gets reasonable info that this guy's in bankruptcy. A case number and the name of counsel would satisfy the requirement.

If Atherton filed his bankruptcy petition, then accepted Mr. StrikeFear's order and his payment, then this may not be part of the bankruptcy estate. If it's a chapter 7, then it definitely isn't and StrikeFear can go after him. If it's a 13, then it's less clear.

[Roz]

Jim,

Thanks for the valuable info. Will pass it on this evening, as I can't access the other board from work. Go figure.

[Jim Simmons]

Roz: See your PM before you write to StrikeFear.

[Roz]

Jim,

Once again, thanks for the valuable advice. You're a true asset to the board.

[Roger Roney]

Roz,

Just curious, was there ever any resolution to the problem?

[Roz]

Yes, there most certainly was and it is negligent of me not to post follow-up. Brian has agreed to repay Adonis $100 per month via USPS PMO. I don't know what the status was beyond the first 2 payments.

[Roger Roney]

Thanks for the update Roz, and thanks to you, Jim, and the others for helping him.

[Roz]

No thanks are needed for me, but definitely, thanks go to Jim.

[Jim Simmons]

I didn't do anything except look up a phone number. I'm glad it was resolved amicably.