Personal Bankruptcy Bally Total Fitness Chapter 11

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CBEV43

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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 file a lawsuit) on 10/28/08. She was never aware or given notice to their bankruptcy, so she had no idea about the deadline and to file a possible claim since it was pretty much unforeseen. I read that they had a deadline to file proofs of claims which was 3/6/09. The criminal aspect of the incident that instagated this wasn't over till 3/5/09. That's the day the guy was convicted. Can anyone help?

The following link is to the official Bally's Chapter 11 site: http://www.kccllc.net/bally

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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 laws has changed but there has to be a way to get a lawsuit started against this shady company. Any advice on what should be done? She just wants her day in court with these guys and after what she has been through, she deserves that right.
 
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I will preface this by saying I don't know a whole lot about BK especially chapter 11. However, a BK filer must notify potential creditors and give them a chance to be heard. Further, chapter 11 is a reorganization plan. So it only really effects those that Bally's files against.

On a side note, if Bally's and others don't stop their collection and contract practices I hope they just flat go out of business!
 
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: Debts not discharged include debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders.11 U.S.C. § 523(a). The debtor will continue to be liable for these types of debts to the extent that they are not paid in the chapter 11 case. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. § 523(c); Fed. R. Bankr. P. 4007(c)

Does a rape by one of their employees fall under this exception? Help!!!
 
I think liability for a rape by one of their employees is a nonchargeable liability. I would not worry about it, file your suit and fight it out in court.
 
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