Oasis Divers Phoenix has ceased operations

[Prionace]

Anyone want to clear this up beyond how I've left it
The facts that I have are...
She is months past due and owes Thousands of Dollars to employees.
She took money to pay for a full year of professional insurance and put it on a payment plan through a store that no longer exists. (took in thousands more than she paid)
She has bounced checks through Oasis.
She has taken in money for services and merchandise not provided.
Any comments to clear this up?
I would also like clarification.

 

[KazInAz]

Here's your clarification on the insurance issue:
Shop Insurance + no shop = no insurance. I've already contacted the insurance company and we're out of luck. Can't even upgrade the policy to a stand alone policy. Their suggestion was to get a refund from the shop...yeah, right.
As for the rest of it......she's out of business and like most businesses they leave a ton of debt in their wake....thats why they are out of business. It's common for struggling businesses to rob peter to pay paul hoping if they can keep it up long enough that things will eventually come around. Heck most of us have done that with our personal finances when things were lean. She may have done everything you said. My advice would be to sue in Small Claims court, just remember, you cant get blood out of a stone. Might as well move on and find another store to spend your money at. She owes me money too, like many of us here....but I'm not about to cry about it in this forum.
If you have evidence of legal issues, then I suggest you also take those to the proper authorities.
Be careful what you say in a public forum unless you have solid backup. If you do...great.
If you want some interesting reading, check out how the business entity was set up.

 

[Prionace]

Thanks I have the back up.

 

[divebri]

Blech... it doesn't matter. Not very many will learn a lesson from this, and that's about all we can do at this point.
I edited my whole post. I don't think it's beating a dead horse, because other dive shops will go down and it would benefit others to hear the sad tale, but in the end what does it matter? No one will get their money back because of what's been posted, lawsuits will still go on (or not) and the truly guilty party will be defended because, well, just because she's so nice and lost so much. The story is lost on those who will not listen and who do not care.

I just hope something like this doesn't happen to anyone on this board again. We're all in it because we love it, and despite the positive reputations of some their actions put a black mark on scuba diving in the valley.

I'm off the soapbox now, guys. I don't know why I was ever on it because I lost very, very little, but some of the things that happened were so stupid and hurt so many that I just can't stand to see such things without taking up the cause. It's a character flaw of mine, I suppose.

 

[AzAtty]

Hmm... why not just ask this person/people to come on and clarify what actually happened?

Liability. There are serious legal issues with what has occurred/is occurring. "Clarification" posted in a public forum could undermine a defensive position.

 

[Calle Roo]

Hey, not my LDS, but Ultimate Dive & Travel is offering 10% discount to Oasis and Paradise Scuba customers.

www . ultimatediveandtravel . com

 

[divebri]

case number is 2:08-bk-11004-CGC
Attorney is James B. Rolle
Nothing unusual in the filing, although the estimated liabilities are shown to be 100k to 500k, which by my SWAG method might actually be light, believe it or not.

My advice to any and all, those that are owed gear, those that have gear that isn't picked up, those staff that are owed any money at all:
There is a creditor's meeting scheduled for 9/22 at 4:30PM at US Trustee meeting room, 230 N. First Avenue, Suite 102.
I know that in my personal situation, the books show me owing 180 bucks to the store, when in fact the store owes ME 120 bucks. Given her bookkeeping, I would expect that anything that shows up as a receivable (if her books say you owe the store money) will be aggressively pursued by the bankruptcy trustee, and if you're not on the creditor list it could be detrimental.
I know she didn't keep track of anything. All you staff probably have no idea what the books say you owe or are owed. If you're owed a NICKEL from her, it would be beneficial to the entire group if you showed up and became a creditor.
The last thing I want is some trustee hounding me for a hundred eighty bucks when she promised me she'd wipe it out AND give me a hundred twenty. It would be a sore spot in my keister if I had to pony up money for that train wreck.
So, do EVERYONE a favor and show up. The more people who show up proving her bookkeeping was in error, the greater likelihood no more victims will have to dole out MORE money.

 

[AzAtty]

The bankruptcy was dismissed yesterday. Oasis filed a "skeleton" Chapter 7 petition and then failed to file the list of creditors within five days. Unfortunately, a skeleton filing only identifies the debtor, tax ID, address, and very basic information, so nothing concerning assets or liabilities has been filed with the Court.

 

[divebri]

do you mean that the debt was not relieved, and she can't go bankrupt now?
And what will this do re: the creditor's meeting?

Full disclosure: I'm not asking you for legal advice, this question is more general as it applies to the situation as we know it.
It figures that the paperwork for the BK couldn't even be done right

Let me answer my own question: Basically, if she wants to re-apply, she can, and essentially we start all over again. Having said that, the creditor's meeting is now a moot point, and is no longer going to be held. Creditors can still pursue their debt at this point. AzAtty, is that about right?????

 

[AzAtty]

When a case is dismissed, the automatic stay of 11 U.S.C. §362 is vacated. Creditors are free to pursue whatever remedies are available to them.

In a case like this, the debtor typically cures the defect (files the creditor list and completed schedules and statements), and then files a motion to reinstate the case. The court usually will grant the motion to reinstate, which will also reinstate the automatic stay and halt any collection proceedings instituted by creditors during the time the bankruptcy was dismissed. If the case is reinstated, a new meeting of creditors will be set.

Of course, a debtor can simply file a new petition, but that costs them another $299 filing fee. A motion to reinstate is cheaper.