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Old 09-09-2009, 12:55 PM
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Default THP Cut off date for proof of claim court - and... First letter to homebuyers?!?!?!

CHECK THE FAQ
TH Properties Bankruptcy Proof of Claim Form FAQ
CHECK THE FAQ


There must be something new on the horizon.

THP is going to .......

SEND OUT A COMMUNICATION!)#*!@*)#@

(letting people know of a pending cutoff date for proof of claims to be filed.)

*gasp*

To those that are not familiar with this website (and after four months, I don't believe that there are many) in one way or another... They are probably going to have quite the face of :



when they get it.

Either way, it looks like it is THP's desire to let everyone of the past two years of settling know that they have a cutoff date for filing a proof of claim.

DO NOT MISS THIS OPPORTUNITY.

If you miss this opportunity, you are only allowing for THP to continue to do what it has done for you over the past four months - Nothing.

It is likely an opportunity for those reading into it to at the VERY least file a claim for a monetary value for the lack of warranty.

From recent settler information, I was told that THP is paying ~$3 for every thousand for the 3rd party warranty.

So, do the math. The average THP home probably costs them in upwards of ~1k at settlement to provide the 3rd party warranty.

IF YOU DO NOT WISH TO GIVE UP RIGHTS THAT YOU HAVE IN THE PROCEEDINGS, YOU MUST FILL OUT THE FORM.

I know some people out there also find it confusing and daunting to keep up with stuff here.r

I will be making a separate section for information regarding this and other related information.

Where to get the form.
How to get it.
An example form for the different types of people (deposits, old time settlers, new settlers, etc) to work off of.

I am going to continue going the extra, extra mile.

If you want to thank me, go nuts. If you want to keep the lights on, feel free to drop a couple of bucks in the keep-it-going-jar on the donate link (WheresBuilder.com Forums - T.H. Properties Suspends Operations - THP Properties - THP Bankruptcy - PayPal Donate). I'll take it these days. I never thought this site would STILL be around today. At least not in this form.

And, of course, the biggest thanks is to do what everyone wants - to be heard. And to do that - the best FREE way is to file the forms. As the claims grow in monetary value and sheer number, everyone gets a voice. That simple.

So, do it.

Here is another related thread :

THP files for proof of claim cutoff - TH Properties Court Filing - IMPORTANT - THP

And here is the original proof of claim info thread :

Monetary Claims - How to file in court - Proof Of Claim - THP - T.H. Properties CH11
Attached Files
File Type: pdf CertNoResponseClaim090909.pdf (59.3 KB, 58 views)
File Type: pdf CertNoResponseClaimEA090909.pdf (282.7 KB, 28 views)
File Type: pdf CertNoResponseClaimEB090909.pdf (273.1 KB, 21 views)
__________________
TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.

Last edited by administrator; 09-22-2009 at 08:42 PM. Reason: FAQ NOTE
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  #2 (permalink)  
Old 09-09-2009, 12:58 PM
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Default Bankruptcy Form

Here is the bankruptcy form (proof of claim)
Attached Files
File Type: pdf BANKRUPTCY_Form_B10 12-08.pdf (324.7 KB, 43 views)
__________________
TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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Old 09-09-2009, 01:38 PM
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Default Proposed orders only.

And for those playing along at home, these are the proposed orders only at this point.

In other words, they still need to be signed off on.
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TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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Old 09-17-2009, 08:02 PM
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Default It came.

I'm seeing a slight increase in lurkers....

And, an increase in people that haven't been on in a while.

Welcome.

Anyway, looks like the "official" communication went out and was delivered to most people today.

It was a great opportunity to at least put forth SOME message, but, it was very simplistic and legalese.

Matter of fact, I believe it was part of the existing filing already.

So, if you have made your way here for the first time due to a quick google search... feel free to look around. There's been a lot going on trying to understand realistically just where things are at.

Best summary? Two weeks, two weeks.

Feel free to dig deeper for more than that.

Now that the letter has arrived, I guess it can serve as an inspiration to get that example section going.

I'll do that in my copious amounts of free time.

More to come.
__________________
TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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Old 09-18-2009, 07:53 AM
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Default

Yes, I got the letter yesterday and I was shocked. I am from Hawthorne Estates and settled about 1 1/2 years ago at the time of the bankruptcy filing. I will hit two years in November. I have what I think is a legitimate question since I don't exactly understand all of this bankruptcy stuff. I have the form in front me right now. Should I be filling out this form for any of the following reasons:

1. I only have the "rough" layer on my driveway. I paid THP for a finished, sealed driveway.
2. How about my 10 year structural warranty that I do not have anymore? Or the second year of my "bumper to bumper" warranty that I basically have not been able to take advantage of? Both warranties through THP

Do either of these things that I paid for but am not getting count for anything at all???????
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Old 09-18-2009, 08:48 AM
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Default Yes.

Quote:
Originally Posted by robbedblind View Post
Yes, I got the letter yesterday and I was shocked. I am from Hawthorne Estates and settled about 1 1/2 years ago at the time of the bankruptcy filing. I will hit two years in November. I have what I think is a legitimate question since I don't exactly understand all of this bankruptcy stuff. I have the form in front me right now. Should I be filling out this form for any of the following reasons:

1. I only have the "rough" layer on my driveway. I paid THP for a finished, sealed driveway.
2. How about my 10 year structural warranty that I do not have anymore? Or the second year of my "bumper to bumper" warranty that I basically have not been able to take advantage of? Both warranties through THP

Do either of these things that I paid for but am not getting count for anything at all???????
1. Yes.
2. Yes.

IANAL, however, if you would like one to be recommended for helping fill out the form, I can suggest one that is heavily involved and very familiar with the case.

That same offer will be extended to anyone that is looking possibly for legal help (which I do not and can not provide) with completing the forms....

But, yes. You paid for those items. THP has not delivered those items. Therefore, you can submit a claim for those items.

You will want to back it up with quotes, agreement of sale and any other pertinent information.
__________________
TH Properties apparently has "left its debt behind" while STILL in bankruptcy Chapter 11?

See :
http://www.wheresbuilder.com/THP-Marketing-Flyer-Davidson-New-Homes.pdf


I am "Unfairly Burdened" with liens due to THP's inabilities to pay their bills :

~2k - B&F Insulation - A Masco Company
~11k - ServiceMark - A UGI HVAC D/B/A

I'm still waiting, THP :

http://abclocal.go.com/wpvi/story?se...rts&id=6845195

"We are working diligently with vendors and lenders to develop a restructuring plan that includes an agreement by the mechanics lien holders to release liens against completed homes. Our discussions have been encouraging, and we intend to see that all legal action is taken to ensure that no homeowner is unfairly burdened by these liens. We continue to specifically address this issue in our discussions. Our goal is to reach the best possible outcome for all parties as soon as possible."

Note : I am not a lawyer. Any information received from a post is just that - information. It is not legal advice.
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Old 09-18-2009, 09:31 AM
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Default

Quote:
Originally Posted by administrator View Post
1. Yes.
2. Yes.

IANAL, however, if you would like one to be recommended for helping fill out the form, I can suggest one that is heavily involved and very familiar with the case.

That same offer will be extended to anyone that is looking possibly for legal help (which I do not and can not provide) with completing the forms....

But, yes. You paid for those items. THP has not delivered those items. Therefore, you can submit a claim for those items.

You will want to back it up with quotes, agreement of sale and any other pertinent information.
General rule of thumb....hell, call it a religious rule of thumb....if you are owed ANYTHING from TH(P).....and I mean anything....put a value on it and include it.

Don't forget to include interest as well
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The information contained in this posting is intended to provide general information only. It is not meant to constitute formal legal advice or give rise to any attorney-client relationship. The author disclaims any and all liability resulting from reliance upon this general information. I strongly recommend seeking formal legal advice from a competent attorney before acting upon any information that may appear at this web site or in any correspondence (electronic or otherwise).
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Old 09-18-2009, 10:38 AM
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Default

Thanks for the info. I guess I have some work to do. I don't why I didn't even think of this until now really. Thanks THP for sending me the communication!
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Old 09-18-2009, 10:39 AM
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oh yeah, who is the person that can help with filling out the form?
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Old 09-18-2009, 12:51 PM
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Default Claims

Do you feel that items such as:

1. 6 month walk through
2. 12 month walk through
3. Fixing nail pops and cracks in the walls and ceiling from settling
4. The stairs cracking away from my house foundation that would be covered under my home warrenty.
5. The wood on my deck knotting and splitting throughout the entire deck (DO NOT LET THP BUILD YOUR DECK!) leaving gaps.
6. My stucco is cracking by the front door.

Warrent a Claim? I feel fairly educated and neither my wife or I were able to read through the legal mumbo jumbo that was in that letter. Other than responding to the letter, who else should we contact? The attourney general? Our township?
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