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Be the first person to vote!
Author |
Topic |
LindaH
Florida
1754 Posts |
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codell65
California
7 Posts |
Posted - 03/25/2014 : 6:44:28 PM
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Their BK Discharge was denied. I received notification about it today, March 25. Looks like payback has come their way.
quote: Originally posted by 007Notary
JUST DESSERTS! It serves her right. She could have paid the notaries what she owed. She chose instead to pay six months advance rent for a lovely 5/3.5 B/B home that costs some $800 more a month than Terrazo Lane. Then thought she could run and hide and no one would find her.
Not the brightest bulb in the world. Notaries wanted their money, and they researched and found assets that were not claimed in their BK Petition.
I hope the courts slam the book at them both. Crooks, liars, thieves, fraudsters. Stupid people.
007Notary
Cathy L O'Dell |
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007Notary
California
92 Posts |
Posted - 03/06/2014 : 4:56:16 PM
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JUST DESSERTS! It serves her right. She could have paid the notaries what she owed. She chose instead to pay six months advance rent for a lovely 5/3.5 B/B home that costs some $800 more a month than Terrazo Lane. Then thought she could run and hide and no one would find her.
Not the brightest bulb in the world. Notaries wanted their money, and they researched and found assets that were not claimed in their BK Petition.
I hope the courts slam the book at them both. Crooks, liars, thieves, fraudsters. Stupid people.
007Notary |
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HighDesertNotary
California
12 Posts |
Posted - 03/05/2014 : 7:10:13 PM
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I'm happy to give whatever information I obtain.
By the way, and this may or may not pertain to the specifics of *this* case, since it is still a pending matter... but as a general rule, if you have your discharge revoked like this, it's generally a pretty bad thing for the debtors. I mean, really bad.
See for an overview: http://www.nolo.com/legal-encyclopedia/what-happens-if-my-bankruptcy-discharge-is-revoked.html
Specifically this part: quote:
If the court revokes your bankruptcy discharge, you remain liable for the debts that were included in your discharge. In addition, if you committed fraud or otherwise abused the bankruptcy system, you may also have to pay fines, forfeit assets, or face criminal prosecution.
When you receive a bankruptcy discharge, it wipes out your personal liability for and obligation to pay back many types of debt. But if the court revokes your discharge, you remain on the hook for the debts included in your discharge. This means that you are essentially back to where you started before you filed your case.
Depending on the reasons the court revoked your discharge, you may also have to pay fines and penalties. If you hide assets or commit bankruptcy fraud, you may be required to forfeit some of your assets or be criminally prosecuted for your actions.
So, it is possible that if you have filed a claim in this case you may recover some of what is owed to you if the court sells the non-exempt assets. No guarantees, of course....every case is different, but the point being... this one is far from over yet.
Here's a case study of a similar situation... sort of similar anyway:
http://about.bloomberglaw.com/law-reports/debtors-material-fraud-discovered-later-justifies-revocation-of-chapter-7-discharge/ |
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007Notary
California
92 Posts |
Posted - 03/05/2014 : 4:03:07 PM
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Good info, Marian.
Continuance of Meeting of Creditors (Rule 2003(e)) Filed by Trustee Karl T Anderson (TR). 341(a) Meeting Continued to 3/25/2014 at 11:00 AM at RM 103, 3801 University Ave., Riverside, CA 92501. (Anderson (TR), Karl) (Entered: 03/05/2014)
For all you notaries who have yet to file a claim, this is your chance. Get a piece of the rock.
007Notary |
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HighDesertNotary
California
12 Posts |
Posted - 03/05/2014 : 11:37:12 AM
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I posted this elsewhere, but I'll note it here because it's kind of confusing. (BTW, I have no financial interest in their case. I never worked for ANS. I am interested in the ultimate outcome, though, as a notary and how it may impact the industry or be used as precedent for other ongoing issues. This isn't just a case of a singing service going belly up. There are a lot of layers here, including the fact that the person who started this company, at the time she started it, was on probation for identity theft related crimes.)
It was inadvertently automatically discharged by the court... so a whole round of letters will have gone out to the creditors telling them that. But it was a mistake. Their bankruptcy is NOT discharged. The case is still wide open and ongoing. More follow-up documents are sure to follow for those that got the discharge notice. I'm sure that'll really confuse a lot of people. If you have questions, then you should talk to a bankruptcy attorney or just call the trustee's office handling their case. I'm sure they might give you a little more information or guidance.
It was immediately re-opened. In fact, it was REVOKED by the court and the Kirkishes signed a waiver of discharge. Their case is most definitely NOT closed or discharged.
Specifically, they signed a stipulation that reads, in part, "Based on an investigation into the Debtors' affairs, the US Trustee asserts that the Debtors made misstatements in connection with the Bankruptcy Case and/or improperly disposed of bankruptcy estate assets. Hence, the US Trustee contends that the Debtors' discharge is subject to revocation..."
They been filing amended schedules listing the assets that they (cough) "left off" the original petition -- including some cash and a boat....
There's a whole lot behind all of this, though. I'm sure it will all come out as thing settle, but this is pretty active and ongoing.
------ www.highdesertnotary.com Serving Northern Los Angeles and Southeastern Kern Counties of California |
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LindaH
Florida
1754 Posts |
Posted - 03/05/2014 : 11:36:53 AM
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I would suggest everyone who has a claim here check on this - from what I've heard this Notice of Discharge was sent out in error - the BK has NOT been discharged
I won't go any further into it as I don't have any claim here - just letting you all know to check on this carefully.
Good luck to all of you
Linda http://www.columbiacountynotary.webs.com http://www.notary.net/websites/LindaHubbell |
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esnotary
California
125 Posts |
Posted - 03/03/2014 : 2:39:28 PM
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Yes, I got one too. Not sure exactly what that means, or if it just means that the husband is not responsible.
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MAHLG
North Carolina
23 Posts |
Posted - 03/02/2014 : 4:45:28 PM
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Hello, did everyone get their notice that their debts will be discharged, so basically we are not getting paid...
mgarcia |
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007Notary
California
92 Posts |
Posted - 02/18/2014 : 05:38:41 AM
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Today is the final day for notaries owed signing fees by Accurate National Signings to get your claim into the BK Trustee. See information below, for Trustee's review. New unclaimed assets were discovered by the court, which will be auctioned/liquidated to pay all debtors' debts, including notaries' fees for work they performed for Valuamerica and EntitleDirect through Accurate National Signings.
Good luck. This is a first in our industry.
007Notary |
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007Notary
California
92 Posts |
Posted - 02/10/2014 : 10:05:58 PM
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Proof of Claim need to be Filed by February 18, 2014.
Print out the order ANS emailed to you, plus any emails you sent to collect to pay and any notes you have about when you did the work, how many times you called for payment, how ANS responded to you, etc. and your invoice. If you sent more than one invoice, include copies of everything.
There is a claim form to complete, and then you should mail it ASAP. The hearing is on February 28, 2014. 6:13-bk-28607-MW
Send Proof of Claim to:
Riverside County Bankruptcy Court U.S. Bankruptcy Court Clerk Central District 3420 12th Street, Ste 125 Riverside, CA 92501-3819 (909) 774-1000 (voice) (909) 774-1150 (vcis)
go to the website for the Proof of Claim form which you can complete on line and print out, then mail with all your supporting documents.
http://www.cacb.uscourts.gov/forms/proof-claim
007Notary |
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007Notary
California
92 Posts |
Posted - 02/10/2014 : 9:54:42 PM
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Proof of Claim need to be Filed by February 18, 2014.
6:13-bk-28607-MW
007Notary |
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LindaH
Florida
1754 Posts |
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esnotary
California
125 Posts |
Posted - 02/10/2014 : 3:13:01 PM
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Do you have information where/what to file before the 28th? I sent something in for the first hearing, is that enough? thanks
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007Notary
California
92 Posts |
Posted - 02/06/2014 : 9:19:31 PM
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Amanda Marie Lutz-Kirkish and Jason Lee Kirkish did file BK in September 2013 and the first creditors hearing was on December 19, 2013. It looked like a slam dunk and that no notaries would be paid.
There is a second BK Creditors hearing on February 28, 2014 where the Kirkish's will be facing serious repercussions for not telling the truth and hiding assets. They filed because a Notary Public in Vacaville, CA was successful in getting a judgment for $1014 since Amanda failed to show twice in Small Claims Court, Riverside County. Additionally, Sandra spent $600 for travel to Riverside County on two occasions.
The same day of the Creditors hearing, December 19, Mr. and Mrs. Kirkish filed for divorce right across the street from the BK Court, the filing fees were waived. But, they're still together. I understand you can get a lot of free stuff from social services and get school loans when you're a single mom and have no job, and you can't get a job because everyone nowadays does background checks, and the DOJ and FBI always pull this stuff up whether or not there is expungement of one's record.
Alas, a couple of bull dog and very angry, upset notaries who are owed thousands of dollars discovered some very interesting, expensive assets that were being hidden, one just right around the corner from the Kirkish's posh hot pad on Big Sycamore Court, the other boldly parked in front of their hot pad, and some other assets which the BK Trustee/CPA Karl T. Anderson can seize and liquidate to pay creditors, especially notaries. This doesn't bode well for little Amanda since she already has a history of ID fraud and forgery in the County of Riverside. You can believe the Riverside DA's office was very interested in learning of this huge scam and cooperated with the US DOJ in its investigation when more than 35 notaries filed complaints with the DA. Additionally, the checking account which paid all these notaries was not listed on the petition, where a forensic examination of all checking account activity would be very telling about how much was spent on Cancun for two families, breast enhancement surgery, Las Vegas, weekends to Lake Havasu in that expensive Commander speed boat, Tiffany's jewelry, company van, washer/dryer, etc. I'd love to hear why notaries couldn't be paid, because we know from EntitleDirect and Valuamerica ANS was paid for every single file assigned to her company, Accurate National Signings. This company was in existence for only 11 months, and managed to wash a lot of cash through this checking account, closing their doors on July 11 when Valuamerica cut them off. Too many notaries were contacting VA's AP staff about non payment.
Sadly for notaries, they assumed Accurate was a good company, as Amanda and per partners must have decided this would be a good company name choice, as people would assume they were the good company. This was not the case. ANS was not a well run, reputable company from the get-go, unlike Accurate in Walnut, CA.
However, notaries who are owed money by the Kirkish's need to get their claims in before the hearing on February 28, whether they're listed on the petition or not. There are tons and tons of address corrections on their docket report, which means they didn't even provide a lot of correct information. Intentionally or unintentionally, many notaries' addresses and names are misspelled or lacking the city, state, or zip information for a successful notification
It's hard to believe that only 35 notaries are left unpaid out of 2500 total notaries listed on that petition.
My guess is that, if they got a notice at all, most notaries just saw the creditor meeting notice and immediately wrote it off as bad debt, not realizing they might be giving up the possibility to recover something.
Hey, I think all you notaries who are owed money by Accurate National Signings should have a big party. This rarely happens where the notary is able to collect from a defunct SS, but then, Accurate National Signings did a horrible job of tracking expenses, and keeping good books, too busy spending hundreds of thousands of dollars on "stuff". It's incredible to me the audacity, arrogance and shamelessness of these fraudsters.
But guess what, none of the debt they seek to have set aside will be now because they were dishonest about their assets in a US BK Court filing, they lied to their BK attorney, and everyone on the planet who they owe money to can go after them for everything but their shorts. The US DOJ is breathing down their necks. I wouldn't want to be in their shoes right now or forever more. The BK petition was completely fraudulent. Lies, lies, lies, completely deceptive.
It's too bad they were so greedy, cuz they were making a lot of money and had no intention of building a business to last, but only to suck all the cash out of it they could for their own selfish needs.
That's the blatant truth. It all started last March 2013 when Amanda posted on another forum, let's rate the notaries. Oh, my, Amanda was like poking a stick in a hornet's nest. She got more than she bargained for.
LESSON LEARNED: Don't mess with notaries' fees! Pay them for the great work they do, as they justly deserved and earned these fees.
I'm still trying to figure out why Valuamerica, EntitleDirect, Bank of America and Title 365 never bothered to check out her criminal history, especially since all I did was google her and all kinds of things popped up leading me on the path of discovery of her criminal background in 2009. Amanda got her SS skills from DocPros in Murrieta, just a few miles from her Wildomar home. I wonder why DocPros didn't check her out either...yet we're all vetted to the very core of our being to be able to act as NSA's between Title/Escrow and their clients. I think her friend Darcy got her in the door, that's where the speed boat was being hidden, right around the corner, while they filed for bankruptcy protection in September 2013. Notaries are hopeful the auction of the speed boat alone will go a long way toward paying notaries.
007Notary |
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007Notary
California
92 Posts |
Posted - 12/20/2013 : 8:38:45 PM
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Nope...they're on the move again. In August when they got a final humongous check from Valuamerica exceeding $30K, they paid this poor recently widowed woman $18K in advance for six months rent and they are supposedly planning to move year end, who knows where is yet to be determined.
007Notary |
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cw2usarmyret
Virginia
122 Posts |
Posted - 12/20/2013 : 04:46:10 AM
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Since not paying notaries doesn't seem a big deal to some authorities; not paying their landlady may get them into real trouble. |
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007Notary
California
92 Posts |
Posted - 12/19/2013 : 2:01:37 PM
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Today was a hearing before the BK Court Trustee to hear debtors. There were only two since many notaries are out of state or too far away.
There is another chance to be heard and to file your claim with the court by February 14th I think. You'll be notified.
The court is now reviewing whether the filing might be valid, given the information that was presented today by at least one debtor who is owed a substantial amount. Also, their landlady was present.
Stay tuned.
007Notary |
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esnotary
California
125 Posts |
Posted - 11/25/2013 : 1:51:22 PM
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I received my BK notice today. These people are so pathetic.I am going to the hearing just to see what these thieves look like, and given the chance to speak I'll tell them that I feel this is just another ploy to get out of paying. They knew exactly what they were doing, and at the rate they offered to pay their notaries there is no way they didn't make enough to cover their business expenses and pay the notaries for their service. Thieves and liars...they make me sick!
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MAHLG
North Carolina
23 Posts |
Posted - 11/25/2013 : 08:40:04 AM
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Thanks for your responses. The BK notice says do not file a proof of claim at this time. They will instruct us when to do so.I am also awaiting a return call from the Trustees office for more information. I have already filed with the DA's office and Valu America.
mgarcia |
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GentleGiant
North Carolina
11 Posts |
Posted - 11/24/2013 : 07:00:51 AM
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I received my BK Letter from the Courts on Amanda Yesterday as well. Luckily after massive prodding we received final payment. |
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007Notary
California
92 Posts |
Posted - 11/24/2013 : 06:24:01 AM
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Here are the links for filing your complaint with Riverside County DA.
ALERT: Accurate National Signings Criminal Proceedings Posted by PegiT_MN of MN on 9/18/13 3:58pm Msg #484976
I have a very important announcement to make to any and all notaries that were bilked out of their money by Amanda Marie Kirkish of the now defunct Accurate National Signings formerly known as Accurate Signing Service of Lake Elsinore and Wildomar, California.
I (Pegi) have spoken to the legal team of ValuAmerica and have been told that they have a list of at least 30 notaries that have not been paid by Amanda Kirkish and the calls keep coming in every day. They have come to the realization that Amanda was not truthful about her very public criminal past when signing up with them for their business. If you are owed money by this company, please contact ValuAmerica and let them know.
I have also been in touch with the Riverside County California District Attorney's office and have told them exactly what Amanda Marie Kirkish has done by gaining business from ValuAmerica and hiring notaries throughout the country to close loans for her and then not paying them. She has claimed that ValuAmerica has not paid her, but ValuAmerica has proof that she was paid 30 days after the closings. The District Attorney's office is very interested in pursuing criminal proceedings against Amanda Marie Kirkish as she was on probation for theft related charges when she opened this company, she picked a name very similar to another company in California with a good reputation, she lied about her criminal history, and she has a pattern of not paying any of the notaries that she hired to perform a legal transaction. Amanda paid her restitution to the County of Riverside using the fees she was paid by Valuamerica. Amanda should never have been allowed to have access to borrowers private and financial information, as well as notaries' social security numbers with a criminal background for ID fraud and forgery.
The DA's office asked that I let everyone know that they are interested in filing criminal proceedings against her, but need all notaries that were bilked out of their money to come forward and report this crime. You should go to the District Attorney's website and download the special prosecution complaint form and return it to their office. I have included the links for you.
http://rivcoda.org/opencms/index.html
http://rivcoda.org/opencms/system/galleries/download/daVictimWitnessServices/SPS_ComplaintForm.pdf
And bilked notaries will need to file their unpaid fees in a claim with the Trustee of the Bankruptcy
If anyone wants to show up... their 342 hearing will be:
12/19/2013 at 09:00 AM at RM 103 3801 University Ave., Riverside, CA 92501
Their list of creditors is HUGE... over 2800 names.
6:13-bk-28607-MW Jason Lee Kirkish and Amanda Marie Kirkish Case type: bk Chapter: 7 Asset: No Vol: v Judge: Mark S Wallace Date filed: 11/14/2013 Date of last filing: 11/15/2013
Case Summary
Office: Riverside Filed: 11/14/2013 County: RIVERSIDE-CA
Original chapter: 7 Current chapter: 7
Nature of debt: consumer Pending status: Awaiting 341 Meeting
Trustee: United States Trustee (RS) City: Riverside Phone: (951) 276-6990 Fax: (951) 276-6973 Email: ustpregion16.rs.ecf@usdoj.gov
Trustee: Karl T Anderson (TR) City: Palm Springs Phone: (760) 778-4889 Email: edansie@hotmail.com
Party 1: Kirkish, Jason Lee (Debtor) SSN / ITIN: xxx-xx-xxxx
Party 2: Kirkish, Amanda Marie (Joint Debtor) SSN / ITIN: xxx-xx-xxxx
Atty: Karen E Lockhart Represents party 1: Debtor Phone: 951-698-5191 Fax: 951-698-5192 Email: bkfile@lockhartlaw.net Atty: Karen E Lockhart
Represents party 2: Joint Debtor Phone: 951-698-5191 Fax: 951-698-5192 Email: bkfile@lockhartlaw.net Location of case files:
Let's not forget that this is not the first time they've done this.. in fact, they are filing almost exactly on time to beat the 7 year window of the last Chapter 7 they filed.
I'm not opposed to people having to file. All kinds of reasons and things happen in life that necessitate it. BUT... There comes a time when it looks abusive and a reason to act irresponsibly.
Per the docket:
Notice of Debtor's Prior Filings for joint debtors Jason Lee Kirkish and Amanda Marie Kirkish Case Number 05-61040, Chapter 7 filed in California Eastern Bankruptcy Court on 10/13/2005 , Standard Discharge on 01/24/2006; Case Number 05-61040, Chapter 7 filed in California Eastern Bankruptcy Court on 10/13/2005.(Admin) (Entered: 11/15/2013)
There is still the issue of why all four owners are not filing BK for ANS's debts. And DA is still looking for Sara Kirkish, a purported owner of ANS. Interesting as well is that Darcy Mendoza who signed ANS' checks to notaries, is listed as a creditor, when it seems that she in fact is one of the owners of ANS.
Where's Darcy in all of this?
Next?
007Notary |
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LindaH
Florida
1754 Posts |
Posted - 11/24/2013 : 06:04:55 AM
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quote: Originally posted by MAHLG
it seems like we all got our notice yesterday. what are we to do? I am in NC. should I still file proof of claim?
mgarcia
Yes - it doesn't guarantee you WILL be paid, but if you don't file that Proof of Claim (your contention that they owe you money) you have NO chance of getting anything - even pennies on the dollar is better than nothing, if that's awarded. They may say there's no assets at this time but there's always the chance of after-found assets that can contribute to paying off creditors - you never know.
File the Proof of Claim - then you'll also continue to receive notices as the BK case progresses.
Linda http://www.columbiacountynotary.webs.com http://www.notary.net/websites/LindaHubbell |
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MAHLG
North Carolina
23 Posts |
Posted - 11/23/2013 : 2:45:55 PM
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it seems like we all got our notice yesterday. what are we to do? I am in NC. should I still file proof of claim?
mgarcia |
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cw2usarmyret
Virginia
122 Posts |
Posted - 11/22/2013 : 2:51:14 PM
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How many got their notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines for Jason Lee Kirkish and Amanda Marie Kirkish (Case 6:13-bk-28607-MW) Joint Debtor: aka Amanda Marie Lutz, dba Accurate National Signing Service.
Creditors Meeting Dec 19, 2013 3801 University Ave., Room 103, Riverside, CA 92501.
While for me going to California from Virginia is not an option, I could make a contribution toward some tar if someone could bring the feathers. |
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007Notary
California
92 Posts |
Posted - 11/15/2013 : 06:54:27 AM
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What about this wonder girl? What a fast tumble, hustle Amanda gave notaries in less than a year in business.
What do you think Amanda submitted to the courts today ???? bankruptcy papers ???? She tries to get out of everything !!!!
Case TES1301645 - SMITH VS KIRKISH
Case TES1301645 - Complaints/Parties
Complaint Number: 0001 — PCS Plaintiff's Claim - Southwest of SANDRA SMITH Original Filing Date: 07/29/2013 Complaint Status: Judgment 09/27/2013 Party Number Party Type Party Name Attorney Party Status 1 Plaintiff SANDRA SMITH Pro Per Judgment 09/27/2013 2 Defendant AMANDA MARIE KIRKISH Unrepresented Judgment Against 09/27/2013
Case TES1301645 - Actions/Minutes
Viewed Date Action Text Disposition 11/14/2013 RETURNED DOCUMENT: NOTICE OF STAY SUBMITTED BY AMANDA MARIE KIRKISH.
To those unpaid notaries who worked for ANS, your complaint to the DA still stands, it is being looked into very seriously, and of course no one should ever have expected to be paid by ANS once their doors/phones/website shut down when Valuamerica aka Value Escrow cut Amanda off from future orders due to nonpayment claims by notaries to their PA accounting department. Then the Kirkishes relocated to their posh hot pad on Big Sycamore Court in Wildomar, stiffing notaries to the tune of more than $30K. C'mon, isn't it a little ostentatious to rent a $2500 5/3.5 Bed/Bath home, get a $15K boob job and vacation with your partners in Vegas and Cancun, and then expect it all to go away in a BK strategy? Really?
Wonder how that Wildomar HVAC biz is going for Jason Kirkish, is he declaring BK too? He got his contractors license back after recently catching up on his delinquent child support payments to his first family, so there must be some revenue somewhere.
Take heart, notaries. You won't see any money here, but this naughty little girl needs to learn a lesson about it's not nice to lie, lie, lie, steal, steal, steal. And the DA is on it like a flies on a cowpie. Some people just can't phart without the noise and smell traveling on internet speed all around the global atmosphere.
Never, never attempt to rate the notaries when you yourself can't become one because of a criminal background conviction involving moral terpitude. Heck, I thought it was pretty bold of Amanda to get into this business when she was still on probation for her unlawful forgery/ID fraud conviction, using Valuamerica revenue to pay her restitution. What an amazing young woman Amanda is! Right under the very noses of members of our new SPW organization.
007Notary |
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