joseph_a_kidd1

<p>Please understand this: <strong>NO ONE WILL GET A REFUND</strong>. Dock filed for <strong>Bankruptcy</strong>. His reorganization plan calls for NO ONE other than tax authorities (IRS, State of Colorado, City of Aurora) and his mortgage company to be paid. </p>

<p>Kelly: Why don't you bone up on some manners? If you want to insult someone, go to another forum and vent. This isn't an official bankruptcy notice. It is a "memo" from the desk of Steven Dock. So, this is a bit different from what you are think it is. If Steve Dock has your film, you will get it back whether he re-organizes or liquidates. When you get your law license or MBA, come on back. </p>

<p>Received a note from Steve Dock together with a copy of the Chapter 13 plan. (Everyone should be receiving the same thing.) It says in part:<br>

<em>"We want to assure you that your film and your orders are safe. All film is in our offices in Aurora Colorado (sic). Please do not contact us, the attorney, or the Court regarding delivery of your order as no updates are available at this time.</em><br>

<em>"We are attempting to re-organize the company to provide the same high quality we have produced for four decades. Unfortunately, there will be delays in delivery while the anticipated re-organization takes place."</em><br>

I'm laughing and angry at the same time. "Do not contact us", he says. Ha! Like that's EVER done any good! NOT! I spent 2 YEARS trying to contact this guy and he never responded -EVER.<br>

"provide the same high quality"??? If this is high quality, give me the worst quality. <br>

Here's my advice: CONTACT THE BANKRUPTCY TRUSTEE if you want your film back. Also, file an objection to Dock's bankruptcy plan. No way in hell that this guy should be allowed to reorganize and continue in business. I'll post more on how to object to the plan in the future.</p>

<p>Steven Dock has filed his Chapter 13 Plan and his financial disclosures. He claims that until the IRS confiscated his equipment, he generated a monthly income of $8600, but after expenses has only $1,100 of disposable income. His plan calls for Dock to pay back all of the tax authorities -- federal, state and local -- his attorney, and the trustee (required by law to be paid), but no one else. That means all of his customers are S.O.L. in terms of getting their money back. He does list as "property belonging to others" all of the customers' film. So, the Trustee will have to figure out a way to allow people to get their film back. My guess is that because there is no money in Dock's estate, getting film back will be at the customer's expense. However, if there is a way to take advantage of Greg Miller's idea, I hope that the Trustee would do so. I, for one, intend to ask the Trustee to do just that.</p>

<p>Again, I suggest if any of you have any concerns with Dock's continued possession of your film, that you contact the bankruptcy trustee. Dock's lawyer probably isn't going to be real helpful.</p>

<p>According to bankruptcy filings, Dock anticipated that the IRS would return the seized equipment to Dock on July 15.</p>

<p>Dock listed approximately 1530 creditors in his bankruptcy filing. Most are individuals, and I assume, customers.<br>

If you received a Proof of Claim form, fill it out and attach some evidence of the amount you paid to RMFL - cancelled check, credit card statement, etc. If you are in doubt about what to do, I would contact the bankruptcy trustee<br>

If you did not receive a Proof of Claim form but you think you should have, you must still must fill out a Proof of Claim form and substantiate your claim. The bankruptcy court website should have a form you can download. <br>

If you have a question regarding the bankruptcy petition of Steven Dock, including questions about your film, I suggest you contact the bankruptcy trustee. The trustee is responsible for overseeing the bankruptcy process. The name of the trustee is in the bankruptcy papers you all should have received. If you did not receive paperwork, then the trustee's contact info is on the bankruptcy petition I attached to a prior comment in this forum.</p>

 

<p>It appears he filed a Chapter 13 bankruptcy, which re-structures debt. Under this chapter, debtors enter into a repayment plan to make installments to creditors over three to five years. So, it would allow him to operate his business "as usual", earn an income, and use his earnings to repay his creditors. </p>

 

 

<p>Steven Dock filed for Bankruptcy on July 2. See attached petition.</p><div></div>

<p>Kelly: As an attorney and one who works for one of the largest international corporations in the world, I understand how someone can bankrupt a business then turn around, purchase the assets, and start it up again. The funny thing to me is that Dock thinks he has a "secret plan" to do this, but it is pretty obvious to just about everyone. Perhaps my sarcasm didn't translate. </p>

 

<p>Here's a link to pictures of RMFL assets that will be auctioned off on July 7 at 11:00 AM:<br>

<a href="http://www.treas.gov/auctions/irs/auco_comm_4499.htm#image">http://www.treas.gov/auctions/irs/auco_comm_4499.htm#image</a></p>

<p>I saw this update posted to RMFL website:</p>

<h3 >June 2010</h3>

<p>Turn around times of in-house orders have been extended. We expect to have a timeline for in-house orders by the end of July. Please understand your film is in a safe, cool environment awaiting final processing. Unfortunately, we are not able to provide updates on individual orders at this time. Thank you for your continued patience.</p>

<p > Looks like Dock has a secret plan....<br>

 

 

</p>

<p>Cory:<br>

All good points you've made. But you can rest assured that I will be following Dock and blowing the whistle on any RMFL II that pops up. This guy is just plain bad. </p>

<p>RMFL ignores BBB complaints. I know from first hand experience. Look at the BBB file on them. My advice: don't waste your time with BBB.<br>

You can try some of the other government agencies (FTC, AG, USPS), but I wouldn't count on the government to come through for you.<br>

If you <em>REALLY, REALLY </em>want your film back here are 2 ways to do it:<br>

1. File a lawsuit seeking equitable relief in the form of a writ of replevin (an order for the return of property wrongfully held by another). Once you have the writ, you (or an agent) can go to Mr. Dock's house and ask him to give you your property. In some cases, local law enforcement agencies can help enforce the order. <strong>Check with a local attorney to see if this equitable remedy or a similar one is available to you in your state.</strong><br>

2. File a criminal complaint. In most states, the crime of theft is defined as obtaining or exerting unauthorized control over property. Once you've asked for your film to be returned, and Dock doesn't do it, he may be committing the crime of theft. Contact local authorities in your community and Mr. Dock's community to explore the possibility of filing a criminal complaint.<br>

In my case, I filed a lawsuit and he partially performed the services, but at least I got something back. The lesson there is if all you are doing is calling them every day, you probably aren't going to get the results you want. <strong>If your film is really that important to you, stop being a victim and take decisive action.</strong><br>

NOTE: I cannot give anyone advice as to how to handle their own unique circumstances. I'm just trying to let people know generally what they can do to try to get their property back.<br>

Good luck to all.</p>

<p>S Mark: The question is not whether I expect to see any money. The question is what should Steven Dock expect now that I have a judgment. The answer to that question is that he should expect that I will pursue him until either I collect my judgment or he returns the films to his customers or to Film Rescue as I have proposed. Filing a lawsuit against Dock was easy and inexpensive for me because I know how to do such things. I understand it would be difficult for some people to do. I encourage you to investigate bringing an action through the small claims division of a local court in your community. Small claims actions are uncomplicated and easy for non-lawyers to use.<br>

I don't know how he continues to solicit business through his website. Based on what we know about the IRS seizure of equipment, I don't know how he intends to perform the services. I'm not a criminal defense attorney, prosecutor, or law enforcement officer, so I don't know that constitutes a crime. But I do hope that law enforcement will investigate him and bring charges if appropriate. To that end if you are not a resident of Colorado, you might want to contact your own state's Attorney General to complain, and also follow up with the postal authorities. The more people that complain, the more likely action will be taken. <br>

Steven Dock has received an extension on his home until July 28, 2010. Personally, I hope he gets to keep his home so that I can file a lien against it for the amount of my judgment. That's one sure way to collect.</p>

<p>S Mark: If you read all of the threads I've posted above, you'll see that I sued Steve Dock when he failed to perform the promised services or return the film upon my request. Today, the case went to hearing and the court awarded me damages ($4,700) for my claims based on legal theories of breach of contract and fraud. I can't give you any legal advice with respect to your situation, but when someone promises you something and doesn't deliver, then you may have a cause of action to sue upon, and get damages, just as I did.</p>

<p>Today the court awarded me a judgment against Steven Dock in the amount of $4700. I would forego the money if Mr. Dock would just put the film into responsible hands as I have proposed.</p>

<p> </p>

<p >Dear Mr. Dock, </p>

<p >You may not be aware, but I have attempted several times to reach your son, Jon, as your personal representative, to discuss with him a proposal for an amicable resolution of my lawsuit against you, which would serve your customers as well. My attempts to contact your son were in vain. Thus, I am writing to you in this open forum with the hope that you might read this.</p>

<p >Please know that I am principally motivated to get some measure of justice for all of your customers affected by the apparent closing of Rocky Mountain Film Lab. You promised us service, which you failed to deliver. Given the IRS action and recent past litigation, your ability to make us whole is in doubt. You are in possession of significant amounts of film without apparent means to return or process the film, or refund amounts paid to you for services, which you cannot render. That is a sad state of affairs, indeed, but not one entirely incapable of some partial resolution. To that end, I propose the following terms:</p>

<p > 1. You will provide to Film Rescue International a complete inventory of all unprocessed film, including customer contact information.</p>

<p > 2. Film Rescue International will attempt to contact the customers based on the information on the list and offer to process the film at a significantly discounted rates and on certain terms and conditions.</p>

<p > 3. Film Rescue International will identify those customers who wish them to process their film, and you will release the film to Film Rescue International. We will work out the logistics for this element of the agreement.</p>

<p > 4. You will assign your rights, title and interest in your web domain and telephone number to Film Rescue International, and will use your best efforts to assist them in communicating with your former customers.</p>

<p > 5. I will dismiss my lawsuit against you.</p>

<p > 6. Film Rescue International will forgive your indebtedness from a prior transaction.</p>

<p >I believe this proposal serves your interests resolving the logistical and financial problems you face in attempting to return film to the rightful owners, ending our litigation, and satisfying your outstanding obligations to Film Rescue International. </p>

<p >Above all, however, the interests of your customers are served by allowing them to get their film finally processed.</p>

<p >Please contact me directly or through a representative to discuss this proposal. You have my contact information.</p>

<p >I look forward to hearing from you soon.</p>

<p >Best regards, </p>

<p >Joseph A. Kidd</p>

<p > </p>

 

<p>I echo Greg's sentiments. I know everyone is upset about the unfortunate circumstances Steve Dock has caused, but I am cautiously optimistic that things will work out for RMFL customers. I urge everyone to be patient just a little while longer.</p>

<p>Steve Dock and Rocky Mountain Film Lab make the news! <br>

http://www.9news.com/rss/article.aspx?storyid=138875</p>

<p> </p>

<p>Here is the order denying Dock's motion:</p><div></div>

<p>On Wednesday, May 12, Steven Dock (without an attorney) filed a letter in his IRS case asking the court to order the IRS to give him an complete inventory of the property they seized and to order the IRS to pay the rent on his facility. The order was denied the next day for being out of compliance with the federal rules of civil procedure. It is difficult to fight the IRS even with a good attorney, but nearly impossible to do without one.<br>

The website was up on Thursday morning at 11:00 Eastern. I'm just speculating, but maybe he took it down when he got the court's order.<br>

If you are one of the unfortunate people with their film still with RMFL, let me know and I will try to help.</p><div></div>

<p>Nice of Mr. Dock to acknowledge his unhappy customers with such nice words. But how many empty words has Mr. Dock given us? Sadly, too many. Frankly, I wish he would spend his time trying to process film or respond personally to the complaints of his customers instead of making grandiose website proclamations of his good intentions. Talk is cheap. If Mr. Dock is serious about what he says, then he needs to shut down his website until he clears the backlog. Until he does that he is still misleading people, still taking their money for services he can't provide. <br>

I talked to the Colorado Attorney General's Office today and to the Colorado Department of Revenue. They tell me that the state of Colorado has not shut down his business. I'm guessing the IRS did. <br>

Here's a copy of one of the filings:</p>

<div></div>

<p>It appears from Arapahoe County real estate records that the Well Fargo litigation is a foreclosure action for Mr. Dock's personal residence on Nome street. The property is scheduled to be sold at a county auction on May 19, 2010.</p>

<p>More research, more bad news. The Colorado AG may or may not be after Mr. Dock, but the IRS certainly is. On April 7, the IRS filed an action in federal court to seize all of his assets and sell them to pay his delinquent taxes. According to affidavits filed in the case, Mr. Dock owes the IRS over $50,000 for unpaid taxes going back to 2004. I have copies of all court filings and will share them with anyone who wants to see them.</p>