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wendy's advice

updated thu 10 sep 98

 

Russel Fouts on fri 4 sep 98

Wendy,

>> -------------------------------------------------------------------------
---
>> In the case of ... Bankruptcy who owns YOUR work?
>> Unless your agreement with a store states otherwise, your work
immediately
>> becomes an asset of the bankrupt store! If you've been paid recently for
>> your work the court may ask you to return the payment!
>>--------------------------------------------------------------------------
--

That's a scary one, how do they justify that?

Russel

Russel Fouts
Mes Potes & Mes Pots
Brussels, Belgium
32 2 223 02 75
Http://users.skynet.be/russel.fouts
Http://www.japan-net.or.jp/~iwcat

Please send all replies publicly

The Allens on mon 7 sep 98

Russell, the problem is one of proof. When someone files bankruptcy the
trustee becomes the owner of all the property of the debtor. Plus, banks
may have a lien on "all inventory". If you can't prove that the pieces are
there on consignment you lose. As always, CYAWP.

Carla Allen (who throws pots when she's not in bankruptcy court)

ridgerun@scrtc.blue.net
-----Original Message-----
From: Russel Fouts
To: CLAYART@LSV.UKY.EDU
Date: Friday, September 04, 1998 9:36 AM
Subject: Wendy's Advice


>----------------------------Original message----------------------------
>Wendy,
>
>>> ------------------------------------------------------------------------
-
>---
>>> In the case of ... Bankruptcy who owns YOUR work?
>>> Unless your agreement with a store states otherwise, your work
>immediately
>>> becomes an asset of the bankrupt store! If you've been paid recently for
>>> your work the court may ask you to return the payment!
>>>-------------------------------------------------------------------------
-
>--
>
>That's a scary one, how do they justify that?
>
>Russel
>
>Russel Fouts
>Mes Potes & Mes Pots
>Brussels, Belgium
> 32 2 223 02 75
> Http://users.skynet.be/russel.fouts
> Http://www.japan-net.or.jp/~iwcat
>
> Please send all replies publicly
>

Russel Fouts on tue 8 sep 98

Carla,

>> Russell, the problem is one of proof. When someone files bankruptcy the
trustee becomes the owner of all the property of the debtor. Plus, banks
may have a lien on "all inventory". If you can't prove that the pieces are
there on consignment you lose.

That's fairly clear, but my question was about the court asking for money
back from you that the gallery (whatever) has already paid you.

Russel Fouts
Mes Potes & Mes Pots
Brussels, Belgium
32 2 223 02 75
Http://users.skynet.be/russel.fouts
Http://www.japan-net.or.jp/~iwcat

Please send all replies publicly

The Allens on wed 9 sep 98

Russell,
If a gallery pays you on an "old" account within 90 days of filing the
bankruptcy petition the trustee can require you to pay the money into court
to divide among all the creditors. The provision is to prevent a debtor
from preferring some creditors over others. It doesn't apply to payments
for current shipments.

Carla
ridgerun@scrtc.blue.net
-----Original Message-----
From: Russel Fouts
To: CLAYART@LSV.UKY.EDU
Date: Tuesday, September 08, 1998 10:55 PM
Subject: Re: Wendy's Advice


>----------------------------Original message----------------------------
>Carla,
>
>>> Russell, the problem is one of proof. When someone files bankruptcy the
>trustee becomes the owner of all the property of the debtor. Plus, banks
>may have a lien on "all inventory". If you can't prove that the pieces are
>there on consignment you lose.
>
>That's fairly clear, but my question was about the court asking for money
>back from you that the gallery (whatever) has already paid you.
>
>Russel Fouts
>Mes Potes & Mes Pots
>Brussels, Belgium
> 32 2 223 02 75
> Http://users.skynet.be/russel.fouts
> Http://www.japan-net.or.jp/~iwcat
>
> Please send all replies publicly
>