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Friday, November 07, 2008

Re: [AlpacaTalk] Re: Contract Extensions

No problem! I hope you get lots of replies and examples of contract
renegotiations, or emails with discussions of changes to contract
terms.

Since purchases over time are privately "financed", sellers often
extend payment periods so they won't have to repossess animals which
they may not have room for in their pastures! Sellers aren't like
mortgage lenders! We deal one on one, and many sellers are quite
sympathetic when their buyers have difficulty, especially in this
current economy.

Heather

Heather Zeleny
White Lotus Alpacas
Creswell, OR

541.895.0964

Holistic Farm and Elite Fleece
http://www.whitelotusalpacas.com
http://tech.groups.yahoo.com/group/AlpacaTalk/join

On Nov 7, 2008, at 10:25 AM, yarnpeddler1 wrote:

> Oooops, I forgot my signature block! Sorry all, sorry Heather!
>
> Toni Kester
> Spirit Eagle Alpacas
> Lakewood, WA
> --- In AlpacaTalk@yahoogroups.com, "yarnpeddler1" <yarnpeddler1@...>
> wrote:
> >
> > Hey all,
> >
> > It's been a while...
> >
> > I had something pop up that I thought I would ask you guys about...
> >
> > I'll try to keep it simple as it is a bit dramatic and emotional.
> >
> > A good friend of mine fell in love with Alpacas and ended up buying
> 3
> > girls. It was a very typical contract, 20% down, monthly payments
> > with a balloon at the end.
> >
> > This gal made the down and the monthly with out a problem. In the
> > middle of the year she ended up in a rough situation. Investments
> > tanked and she had a serious family illness, her Aunt died...and it
> > really goes on and on for this gal. A really rough year for her to
> > say the least.
> >
> > She got to the Balloon, she had the money for it but asked her
> seller
> > (whom she became great friends with) for a 30 day extension on the
> > balloon. The seller agreed and asked for another monthly. That
> was
> > not a problem. All payments made on time. Well about 30 days
> later,
> > this gal found herself in a really tough spot financially and she
> > ended up filing chapter 7 bankruptcy.
> >
> > Needless to say, the court trustee is calling the last balloon
> > payment a "preferential payment" and has gone to the seller to
> > reclaim the monies that were paid. Even though this is contract
> and
> > typical business for our industry. The seller has retained an
> > attorney and is fighting this claim.
> >
> > What she needs is this....
> > The sellers' attorney has asked if anyone else has extended a
> > contract for a buyer before. He wants to prove to the trustee that
> > this is something that we as an industry would do. Also, he has
> > asked if sellers would be willing to write letters stating that
> they
> > would or have done this for their buyers.
> >
> > This is something that I believe could happen to any of us in this
> > day and age. I also believe that the judicial system does not
> > understand the Alpaca Industry at all. If we can help this gal out
> > we might be able to help protect our selves in the future by having
> a
> > claim such as this squashed now and on record. That way if it
> > happens to any of us we can go back and say, "Hey look, here is a
> > claim that was stopped in the favor of sellers!"
> >
> > If you are interested in helping please e-mail me privately. Time
> is
> > as bit of the essence as the sellers' attorney needs to get copies
> of
> > documents so that he can argue the case with the trustee. If you
> > can, please look up any extensions that you have done, black out
> the
> > name and write a short little letter and send it to me so that I
> can
> > forward it to my friend.
> >
> > If you have any question re: this...let me know. I'd be happy to
> > help clarify. It is just so tough to watch someone stuggle so
> hard.
> > She is a good gal with a good heart who really loves her animals.
> >
> > Thanks guys.....
> >
>
>
>

[Non-text portions of this message have been removed]

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