quote:

Originally posted by DPhillips:
Guess this begs the question of what is the purpose of a booking agent, albeit indirectly.

If I use an agent and the guide/outfitter/PH declares bankruptcy or otherwise, I expect the agent to give me my money back. Or, if I have a hunt that was otherwise as promised, it is up to the booking agent to make it right, either monetarily or otherwise.

Agents aren't relied on for nothing, both from the client and outfitter's point of view. For the outfitter, the agent deals with the public and probably books hunts that the outfitter doesn't have the time, expertise or capacity to do. From a client's point of view, we trust agents to have our back (and money) should something go wrong. Hunting is hunting, but when an agent sells something for the outfitter and goods aren't as promised, someone owes the client.

I've never had a bad experience one way or the other...

I dug this post up because I am getting ready to make a major deposit.

I am not a lawyer (at least I have that going for me) but I have been touched by my customers going bankrupt.

One thing some may not realize is that if an entity goes bankrupt, you are simply a creditor. You may be a secured creditor or unsecured. In this case, if your agent files BK, you are an unsecured creditor. Go stand in line.

My neighbor owns some kind of fabricating business. One of their clients went BK and they went to pick up the material they had delivered the day before but had not yet been paid. Guess what? They were told they did not own that material and if they took it, they would be arrested for theft.

If your agent declares BK, I think you are basically out of luck. But, you could send something directly to the outfitter and they could go BK. You lose either way.

If those crooks named Cy and Russ had any sense, they created a company that protects their personnel assets. But I think this is more like fraud than a simple cash flow problem.

But am I seeing this correctly...they went bust and are already running another booking agency??? How do they say it in NY...cutzpah?

quote:

My neighbor owns some kind of fabricating business. One of their clients went BK and they went to pick up the material they had delivered the day before but had not yet been paid. Guess what? They were told they did not own that material and if they took it, they would be arrested for theft.

Maybe they should have filed a reclamation claim instead? Self-help is usually a violation of the automatic stay and can put you in contempt of court, but filing a valid reclamation claim can put you in a decent position.

Funds which are truly held in trust may not be considered assets of the estate and may not be subject to claims by general unsecured creditors.

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