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- Xref: sparky misc.consumers:19393 misc.legal:20305 misc.taxes:3621 misc.invest.real-estate:996
- Newsgroups: misc.consumers,misc.legal,misc.taxes,misc.invest.real-estate
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!uwm.edu!linac!att!cbnews!ask
- From: ask@cbnews.cb.att.com (Arthur S. Kamlet)
- Subject: Re: cash flow crisis
- Organization: AT&T Bell Laboratories, Columbus, Ohio
- Distribution: usa
- Date: Mon, 23 Nov 1992 07:20:18 GMT
- Message-ID: <1992Nov23.072018.4079@cbnews.cb.att.com>
- Keywords: cash flow
- References: <1eprb3INN1s7@agate.berkeley.edu>
- Lines: 56
-
- In article <1eprb3INN1s7@agate.berkeley.edu> woodson@dewey.soe.berkeley.edu (Charles Woodson) writes:
- >My friend is in a cash flow disaster.
- >
- >(1) His debt playments exceed his income.
- >
- >(2) He has used up all available cash reserves paying payments.
- >
- >(3) He has rental income, but not enough to cover all mortgage payments.
- >
- >(4) His assets are all in real estate. They appear to exceed what he
- >owes but he has been unable to sell any because the market is slow.
- >He has a property on the market.
- >
- >(5) He says some creditors are planning to sue him.
- >(I suspect he is 4 or 5 months behind on some.)
- >
- >(6) He appears to be very upset about it all and it appears to be
- >harming his health.
- >
- >What should he do?
- >
- >(a) I suggested he write each creditor monthly and keep them informed of
- >his efforts. Will this help?
-
- Depends. On the one hand it could get some creditors to back off;
- on the other hand it could speed up a bankruptcy petition. He
- should really talk with a lawyer.
-
- >(b) He talks about filing bankruptsy. Is that appropriate? (His assets
- >appear to be more than his debts, but they are not liquid.) What would
- >be the implications of bankruptsy?
-
- You say his assets are adequate. He could file for bankruptcy as
- debtor in posession; but he really needs legal advice.
-
- >(c) He feels he needs a few more months and he will be able to sell some
- >real estate. (Sales are usually better in the Spring.)
- >He fears some debtors will get a court to take his wages and he will
- >have nothing to live on and even less to make mortgage payments?
- >How do such things work?
-
- Unless they have signed contracts authorizing such seizures, these
- things work slowly. If they have a title to his car, for example,
- it is fairly easy and fast to prove he has not made payments, and to
- reposess. But if he has not kept current in other business
- transactions, things take longer.
-
- >I tell him it is just money--paper money no less. He is taking it
- >very seriously. Can anyone offer us some advice?
-
- Well, it can be serious, and bankruptcy can make any business
- dealings difficult.
-
- Advice (3rd time) See a lawyer.
- --
- Art Kamlet a_s_kamlet@att.com AT&T Bell Laboratories, Columbus
-