Recent content by CBEV43

Bally Total Fitness has confirmed their reorganization plan on Sept 1st. I just found this regarding their plan........................ Section 1141(d)(1) generally provides that confirmation of a plan discharges a debtor from any debt that arose before the date of confirmation. Exceptions...

Is there a rule in Chapter 11 regarding late claims? I assumed since she hasn't even filed a lawsuit against them yet, she can't file a late claim. I thought maybe she could have her lawyer file a motion to lift stay, so she can be able to even start a lawsuit against Bally's. I know bankruptcy...

If you have a possible future lawsuit against bally total fitness. Can you take them to court or are they off the hook because of their chapter 11? The court approved their Plan of Reorganization on 8/19/09. They filed for bankruptcy 12/3/08 and the incident occurred (of which my friend might...

Thats not Double Jeopardy. I may not know a lot about the law, but are you telling me that someone can't be charged with two counts of rape, or murder? He committed two counts of sodomy and they gave him a lesser charge of two counts of aggravated sexual assault. It was part of his plea deal...

Bally Total Fitness filed for Bankruptcy (Chapter 11) on Dec 3, 2008. The rape occurred on 10/28/2008. He was convicted March 5, 2009. I read that Bally's is basically erasing everything before Dec 3, 2008 IF you didn't file a claim by March 6, 2009. My best friend didn't know this and wasn't...

I spoke to several attorney's in DC, VA, and MD (She lives 5 mins outside of DC) back in March. Everyone except one was interested in getting her case. All the major law firms said she has a case, but of course nothing is slam dunk. I kept hearing a certain theme with everyone I called which was...

Is there any cases similar to this in Virginia that have won? Besides the one all ready mentioned. What is Virginia Law on these types of cases? Is it true that if they find the plantiff even 1% responsible, that she would lose the case? Just curious how it works.

No, the rape did not occure at the gyms premises. Her rapist had a cancellation that day and offered her that opening he had. He adviced her that they did not have to workout at the gym and could train her somewhere convenient to her since it was last mintue. My best friend had a (female)...

He was a convicted felon before they hired him. Either way, thank you very much for the advice. I will let her know.

When she was raped he was still in the scope of his employment. Is the company at all liable? This is his sex offender page: http://sex-offender.vsp.virginia.gov/sor/offenderDetails.html?regId=26277

My best friend joined the Bally Total Fitness in Alexandria, VA on October 2008. She needed help with her fitness and assumed she bought the second best package they had. Along with the 3 year contract she was suckered into came a free personal training session. The FREE personal training...