It's really sad. Ripping off artists like this is such a shameful thing to do. Some casual players, some life-long professionals, but no one deserves this.
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Double Bass Kolstein Legal issues
- Thread starter DaveMFM
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All right. I am a lawyer. I spent -- past tense -- about 25 years involved in many aspects of the bankruptcy process (which I can detail privately if you insist).
This post is not legal advice to anybody.
Here is my take.
You inadvertently left out an important word: "Protection." Kolstein Shop filed for bankruptcy protection.
Anyone who thinks that they have any claim of any type against the Kostein Shop is required to pursue that claim exclusively in the bankruptcy.
Do not call. Do not write. Do not threaten. Do not sue. Do not plead ignorance. Do not make excuses. Do not get cagey.
The bankruptcy process is the sole and exclusive mechanism for any action to collect any claim against Kolstein Shop until that particular US Bankruptcy Court says otherwise.
It is a Chapter 11 reorganization case. The debtor, Kolstein Shop, has a modest amount of time to develop a detailed written plan to reorganize its business affairs and submit that plan to the court for approval.
One essential standard by which that plan will be evaluated is whether it treats unsecured creditors better than they would be treated if the Kolstein Shop were liquidated. Please note the substantial distinction between "better than liquidation" and "made whole."
The US Bankruptcy Code does not treat all creditors equally. One priority group is the professionals who drive the bankruptcy train, because if the train is going to get to the station professionals need to drive it. Another priority cover many types of tax debt. Those are just examples; there are a bunch.
Roger, I am nobody around here and you are a big cheese.
Even so, please cut that poopie out.
Using TalkBass to call someone a criminal, or to cutely insinuate that they might be a criminal, exposes TalkBass and Paul to potential trouble.
And it's needless. Wow, great, check mark for you, bravo.
+ + +
The thing which drew me to bankruptcy law decades ago is that the fundamental facts are that a) there is a problem; b) there are not enough assets to completely solve the problem; and c) the law ensures that all cases are treated the same way, even if the precise outcomes may not appear to provide justice for all involved.
I could live with that, and I did live with that for a long time.
This post is not legal advice to anybody.
Here is my take.
You inadvertently left out an important word: "Protection." Kolstein Shop filed for bankruptcy protection.
Anyone who thinks that they have any claim of any type against the Kostein Shop is required to pursue that claim exclusively in the bankruptcy.
Do not call. Do not write. Do not threaten. Do not sue. Do not plead ignorance. Do not make excuses. Do not get cagey.
The bankruptcy process is the sole and exclusive mechanism for any action to collect any claim against Kolstein Shop until that particular US Bankruptcy Court says otherwise.
It is a Chapter 11 reorganization case. The debtor, Kolstein Shop, has a modest amount of time to develop a detailed written plan to reorganize its business affairs and submit that plan to the court for approval.
One essential standard by which that plan will be evaluated is whether it treats unsecured creditors better than they would be treated if the Kolstein Shop were liquidated. Please note the substantial distinction between "better than liquidation" and "made whole."
The US Bankruptcy Code does not treat all creditors equally. One priority group is the professionals who drive the bankruptcy train, because if the train is going to get to the station professionals need to drive it. Another priority cover many types of tax debt. Those are just examples; there are a bunch.
I often quote the 20th-century philosopher Edward Van Halen: "Only time will tell if we stand the test of time."
Roger, I am nobody around here and you are a big cheese.
Even so, please cut that poopie out.
Using TalkBass to call someone a criminal, or to cutely insinuate that they might be a criminal, exposes TalkBass and Paul to potential trouble.
And it's needless. Wow, great, check mark for you, bravo.
+ + +
The thing which drew me to bankruptcy law decades ago is that the fundamental facts are that a) there is a problem; b) there are not enough assets to completely solve the problem; and c) the law ensures that all cases are treated the same way, even if the precise outcomes may not appear to provide justice for all involved.
I could live with that, and I did live with that for a long time.
@Sam Sherry, I hope my wording here is not a problem with this, but...
My perception is that the essential questions now are related to timing:
What happens when civil claims and then criminal charges have been filed against a person who subsequently files for bankruptcy protection?
How do the courts decide which cases are handled first?
My perception is that the essential questions now are related to timing:
What happens when civil claims and then criminal charges have been filed against a person who subsequently files for bankruptcy protection?
How do the courts decide which cases are handled first?
Don, I honestly have no idea. I never did criminal law.
(I touched a criminal matter for about an hour in 1993. That's effectively 'never' in my book.)
Meanwhile, Manny's own attorney stated in a court document that the police are seeking to arrest Manny, but he has yet to be arrested. I do wonder if he is actively evading the authorities and this very cynical bankruptcy filing is just a move to distract and buy him some time.
Sam, respectfully, I am not sure why you take issue with these statements which are nothing more than my analysis and speculation about what is to come. Manny's own attorney has stated in a recent court filing that the police are seeking Manny's arrest. His father was already arrested and one charge was criminal facilitation which implies that his father was facilitating a crime for someone else. Manny stated in the press that he sent his father to remove the basses.
So this is speculative and I say so, but it is based on the facts available and not wild speculation at all.
Not gonna argue with you, man.
I am trained and experienced in not being lured into arguments with non-lawyers about the law.
I am here for fun.
Peace out.
This page on the Kolstein site seems relatively new:
PRESS STATEMENT
We manufacture musical accessories, restore, rent, and appraise student level, intermediate and pedigree: Violins, Violas, Cellos, Basses, and Bows.
kolstein.com
I don't think he does. I've been in a few times this year for school rentals, and he's never been in.
how do we know this property was his?
It was noted as his primary address in one of the prior lawsuits. He moved to Florida recently.
Moderator note: I have cleaned the thread of a few inappropriate posts. Give the legal status of the subject of this thread, it is important that posts stay in bounds of both the general site rules, and of the guidelines I posted earlier in the thread. Here is the link to those guidelines: Double Bass - Kolstein Legal issues
I will not be posting here except as a moderator, and will rely on post reports to alert me if things go sideways. To make a report, simply use the report button at the bottom of the post in question. Please do not tag me in place of reporting. Reporting is always a better option because it alerts not only me, but also every other moderator on the site to get eyes on the issue. Thanks.
I will not be posting here except as a moderator, and will rely on post reports to alert me if things go sideways. To make a report, simply use the report button at the bottom of the post in question. Please do not tag me in place of reporting. Reporting is always a better option because it alerts not only me, but also every other moderator on the site to get eyes on the issue. Thanks.
Just my take, i think the speculation is the issue here. Nothing wrong with reporting facts, but making assumptions and guesses as to what is going on behind the scenes is probably where you start to get into murky waters that are best avoided. Food for thought, carry on.
Thread cleaned yet again. I don’t know another way to say this, so I’m just gonna come out with it: this is not Facebook or whatever trendy name its megalomaniacal owner has decided to change it to. This is not Twitter or whatever trendy name its megalomaniacal owner has chosen to change it to. This is Talkbass. We can’t just troll for drama here because unlike those other platforms, we don’t employ algorithms to keep people enraged, and therefore engaged so that your data can be tracked in order to sell to people who are trying to sell you stuff. We have site rules that need to be followed. If they cannot be followed, then this thread will be closed.
Until this case is settled in the courts (which could be several years from now) there just isn’t any way to sort it out.
^^^ This. If folks want to repost links to public documents here so that this thread can be a sort of repository for information about the public facts about this case that helps people keep up with the actual legal proceedings in this case, that’s fine. But we are not a court of law here. Regardless of our feelings on the matter, this is not a place to get digs in or spread assumptions or guesses.
Also, this is not a place to post commercial ads for any business, as this would be in violation of our site’s Commercial User Policy. Commercial User Policy (CUP) Its fine to say “The store is still open” in response to speculation that a store is closed, but posting ads or links to the store are a violation of site rules.
Due to the number of reported posts from this thread, and in spite of the fact the we try to minimize the use of the warning system and reply bans in the DB forums, both of the above measures will be implemented as needed if site rules continue to be ignored in this thread. Our moderator staff are volunteers, and their time is too valuable to waste when the rules and guidelines have been stated again and again.
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