beware beware

[princessbetsy]

I am in the middle of a surrogacy with the agency in No Cal that nanette runs. I heard through the fertility center that the company had filed bankruptcy. We were in negotiations with a contract. The parents put in a clause that if I did not receive payment from the agency i would be compensated a week later by them. So we went forward. I recieved an email today from the agency telling me they are closed effective immediately. My parents happen to be in town ( they are from germany.) and our transfer is scheduled for wednesday. I hope my contract is still binding between myself and the parents. Their attorney is trying to get back the money from the agency , 50,000. So surrogates beware this agency has closed. They say there email still will work for about 10 months but i doubt it. just a heads up.

I have also need to retain an attorney for the parental rights portion. any suggestions.

thanks
princessbetsy

[jackie]

Yes, they did file for a BK!

Your IP's are responsible for paying you regardless of what the those idiots at ASAP have done with their money. Chances are you guys are listed in her BK. The chances of them getting their money back from that wretched woman are nil to none.

May I ask you why when you knew they filed you went forward with them? Why didn't you and your IP's just go independent?

[NMmama]

Do you think that maybe you should hold off on the transfer? I would be concerned about the stress all of this has you going through. A surrogate pregnancy doesn't need all that drama.

Best of luck to you with whatever you do.

[tummyoven]

If your IP's are listed in the BK and they probably are they will not get their money back. Did they/you know before hand that the Co. was going to file?

[princessbetsy]

My IP's figured that since the money was already in the account they would be ok. I tried to talk them out of it. We have made changes in the contract that basically makes everything private now anyway. AS far as stress i am ok. Not really worried about anything, the IP"s are very nice and hopefully everything will work out. I feel sorry for them as they are now out 50,000 and have to come up with a bunch more for me.

[princessbetsy]

No we didnt know till half way through the cycle. The fertility center called us and told us. I was at disneyland. They were in Germany. It was awful because neither of us have been able to get ahold of the agency and it is very frustrating. Their attorney is trying to get there money back but i dont see it happening.

[zpower21]

That is horrible and I am sorry that you and your IP's are having to go through this.

[MamaLuv3]

Hopefully you all can get this resolved fairly quickly. The stress can not be good for you or your IP's.
Good luck!

[jackie]

Unfortunatly your IP's won't get their money back. If you do a search on ASAP here, you will see the same over and over again. You can also look at their legal history with Sacramento County courthouse. TONS of breech of contract suits filed on them.

I'm sorry for your IP's, my IP's and I were lucky, not by much though. We could forsee this happening and we made it our duty to try to warn people before they made a mistake. For almost 2 years now I have been warning people, and for that same amount of time, I still see people getting screwed by Nanette and her crew.

I do hope your IP's have a backup fund for you somewhere because the original fund is gone and never to be seen again by them. You need to speak with them about this and hopefully they are not riding on the hopes of getting their original funds returned to them. Those funds are long gone and been spent as quickly as they were deposited.

Why do you think it is everything that she owns is owned by her outright? Including her home. This is how I think it went down. She knew she was getting in over her head, so she divorces her husband Eric he gets everything in the divorce then six or seven months later, she files for divorce. Well, seeing as she owns nothing, they can't make her sell anything to pay off the debt she owed. I firmly believe Eric is still in the picture with her, just not married anymore. This is the second time she filed a BK, did she not learn the first time?

I can almost guarantee with 100%, you and your IP's were named when they filed a BK. Which means there is no money coming back.

[princessbetsy]

Well great. The IP's have set up an escrow account through there attorney for my fees. I feel lucky in that sense. It is sad, i went through the same agency 4 years ago and everything was fine. a few glitches here and there but no problems. I feel bad as i did not search them out this time they contacted me. the only reason the IP's went with the agency was because of me. I feel so bad. I also hope everything works out. My husband drove past her house last week and both her and eric live there. go figure huh. My question is why cant eric be sued also in the BK he was also involved in the agency, He had a title and all. My IP's have a pretty good attorney in NY and he says he will do everything to help them. I am hopeful but not optomistic they will get there money. Thanks for the support. If the parents were named dont you have to show up to court. How do you find out about that. How do you search bankruptcy court records to see who is listed on the BK? i am curious if my name is on it.

[jackie]

If the divorce states that he has given up ownership of the agency, then she is responsible for it by herself. I'm pretty sure that is what happened.

They have way to many toys and so forth to just file a BK without thinking it all thru first ya know?

If he released himself from the agency, you can't sue him because he has nothing to do with it.

If she filed a BK and named you and your IP's as creditors, then neither of you can sue her because neither of you went to the court hearing to tell them you want paid. BK is a protection from that, it also protects from being able to file a judgement on them.

If you are named as a creditor, you do not have to go to the court hearing, most creditors do not, the ones that do are the ones that want to be paid.

You should ask their attorney how to go about searching that. Your IP's should have received a letter, depending on when She filed. They will receive a letter stating the date and time and that they were listed as a creditor.

To find out about it, you would need to find where the federal court for the sacramento area is. BK is a federal filing, not a local filing. The papers will show each and every person or company that was listed by her agency.

It doesn't suprise me that her and Eric are still together. They were legally divorced in May of 05.

There is a special place in **** for people like them!