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notlist3d
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November 11, 2013, 01:01:23 AM
 #5061

....My continued presence in this thread constitutes the casting of pearls before swine,....

These pearls are artificial.   Again get a lawyer if you lost money.  Assuming you lost more then what a lawyer is going to take on consult. 
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November 11, 2013, 02:18:51 AM
 #5062

Update 11/9/2013: TerraHash is still in business, we have not filed for bankruptcy yet. The refund from Yifu was cashed immediately back then, we did not make any profits from the recent surge in BTC prices. Again, we are still committed to provide as much refund as possible. I will update again in a couple days on how we are going to proceed with that.

Amir:
Prove that you cashed out the refund from Yifu.  Post the transaction details including the wallet addresses (Terrahash's wallet to the Exchange's wallet), the receipt for converting BTC to  fiat currency (USD), and the wire transfer details showing the money was sent to Terrahash's account.  Post Terrahash's bank statement that shows the cash from the BTC that Yifu sent you.  Prove what your saying is true.





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November 11, 2013, 02:37:11 AM
 #5063

Update 11/9/2013: TerraHash is still in business, we have not filed for bankruptcy yet. The refund from Yifu was cashed immediately back then, we did not make any profits from the recent surge in BTC prices. Again, we are still committed to provide as much refund as possible. I will update again in a couple days on how we are going to proceed with that.

Amir:
Prove that you cashed out the refund from Yifu.  Post the transaction details including the wallet addresses (Terrahash's wallet to the Exchange's wallet), the receipt for converting BTC to  fiat currency (USD), and the wire transfer details showing the money was sent to Terrahash's account.  Post Terrahash's bank statement that shows the cash from the BTC that Yifu sent you.  Prove what your saying is true.

You will notice he does not sign any messages with his name on here.  And good luck getting any proof. 
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November 11, 2013, 03:38:24 AM
 #5064



It's not about hiding assets but BTC being used.  Find us a court case where BTC was recovered from a closed business.  Assuming TH really does close being a LLC.

Oops!

Terrahash is NOT an LLC!

It is incorporated in California; the Land of Fruits and Nuts as a FOR PROFIT corporation!

"TERRAHASH, INC.
Entity Number:   C3566232
Date Filed:   05/14/2013
Status:   ACTIVE
Jurisdiction:   CALIFORNIA
Entity Address:   366 S MARY AVE
Entity City, State, Zip:   SUNNYVALE CA 94086
Agent for Service of Process:   CORPNET, INCORPORATED
Agent Address:   340 N WESTLAKE BLVD STE 210
Agent City, State, Zip:   WESTLAKE VILLAGE CA 91362"

You may go here to check the veracity of my information:

http://kepler.sos.ca.gov/

Have a nice day and stop trying to cut of the head of the Messenger please.

My $.02.

Wink

You know LLC stands for Limited Liability Company right, it is a form of incorperation
http://en.wikipedia.org/wiki/Limited_liability_company
[/quote]

Ya fuckin' think?

Jesus Christ on a raft!

If Terrahash were set up as an LLC, the business entity would read, "Terrahash, LLC", NOT "Terrahash, Inc".

Crikey, I have set up over 250 corporations for people and do in point of fact have the vaguest idea what I'm talking about.

My continued presence in this thread constitutes the casting of pearls before swine, not to mention engaging in arguments with people who only want to argue.

My $.02.

Wink.

To those of you who invested with Terrahash, Good Night and Good Luck!


[/quote]

If you setup 250+ corporations then you should know the difference between an "investor" and a 'customer'.   Saying

It's not about hiding assets but BTC being used.  Find us a court case where BTC was recovered from a closed business.  Assuming TH really does close being a LLC.

Oops!

Terrahash is NOT an LLC!

It is incorporated in California; the Land of Fruits and Nuts as a FOR PROFIT corporation!

"TERRAHASH, INC.
Entity Number:   C3566232
Date Filed:   05/14/2013
Status:   ACTIVE
Jurisdiction:   CALIFORNIA
Entity Address:   366 S MARY AVE
Entity City, State, Zip:   SUNNYVALE CA 94086
Agent for Service of Process:   CORPNET, INCORPORATED
Agent Address:   340 N WESTLAKE BLVD STE 210
Agent City, State, Zip:   WESTLAKE VILLAGE CA 91362"

You may go here to check the veracity of my information:

http://kepler.sos.ca.gov/

Absent intentional fraud, if the corporation bankrupts out, the principals will walk away unscathed.

Have a nice day and stop trying to cut of the head of the Messenger please.

My $.02.

Wink
[/quote]

You setup 250+ corporations but don't know the difference between an "investor" and a 'customer'?  

AYou are wrong about the principals walking away unscathed.  Terrahash was undercapitalized and lacked sufficient paid in capital to prevent the corporation from being an alter ego of Amir Khan and Tarandeep Gill aka Justin.  Piercing the corporate shield and proving that Terrahash is in fact an alter ego of Amir Kahn and Tarandeep Gill will be easy.  Terrahash, Amir, and Tarandeep are already being sued for Fraud in Santa Clara County Superior Court.  See:http://www.sccaseinfo.org/pa6.asp?full_case_number=1-13-CV-254284&crumbs=Civil%20Index&crumbs=Party/Case%20Type%20Search&crumbs=Party/Case%20Type%20Results&crumbs=Cases%20Involving%20Amir%20Khan

If you are owed money by Terrahash you can file a complaint with the Santa Clara County District Attorney's office, sue them in Superior Court, or small claims court. The small claims court process is simple, it's inexpensive, and you can file for up to $10,000 which would probably cover most of Terrahash's customers.  The process take about 15 minutes; fill out two pages of information, pay the clerk $100, serve Terrhash (it's easy) and you'll be in court about 30 days later. If you go to small claims court you're making a claim for cash, it doesn't matter if you paid with BTC, WIRE, or PayPal.  Assuming you win your case, which you will,  you'll be awarded a judgement for cash.  The judgement is good for 10 years and the county sheriffs office will help you collect on your judgement.  You can seize earnings, cash, bank accounts, cars, homes, and any other real property belonging to the defendant(s).  The judgement will also appear on the defendant's credit report.   If you don't live in bay area you can file a complaint with the District Attorney's office and they'll advocate and mediate on your behalf, plus they have the power of enforcement.  You do not have to settle for a partial refund.


notlist3d
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November 11, 2013, 03:56:54 AM
 #5065



It's not about hiding assets but BTC being used.  Find us a court case where BTC was recovered from a closed business.  Assuming TH really does close being a LLC.

Oops!

Terrahash is NOT an LLC!

It is incorporated in California; the Land of Fruits and Nuts as a FOR PROFIT corporation!

"TERRAHASH, INC.
Entity Number:   C3566232
Date Filed:   05/14/2013
Status:   ACTIVE
Jurisdiction:   CALIFORNIA
Entity Address:   366 S MARY AVE
Entity City, State, Zip:   SUNNYVALE CA 94086
Agent for Service of Process:   CORPNET, INCORPORATED
Agent Address:   340 N WESTLAKE BLVD STE 210
Agent City, State, Zip:   WESTLAKE VILLAGE CA 91362"

You may go here to check the veracity of my information:

http://kepler.sos.ca.gov/

Have a nice day and stop trying to cut of the head of the Messenger please.

My $.02.

Wink

You know LLC stands for Limited Liability Company right, it is a form of incorperation
http://en.wikipedia.org/wiki/Limited_liability_company

Ya fuckin' think?

Jesus Christ on a raft!

If Terrahash were set up as an LLC, the business entity would read, "Terrahash, LLC", NOT "Terrahash, Inc".

Crikey, I have set up over 250 corporations for people and do in point of fact have the vaguest idea what I'm talking about.

My continued presence in this thread constitutes the casting of pearls before swine, not to mention engaging in arguments with people who only want to argue.

My $.02.

Wink.

To those of you who invested with Terrahash, Good Night and Good Luck!


[/quote]

If you setup 250+ corporations then you should know the difference between an "investor" and a 'customer'.   Saying

It's not about hiding assets but BTC being used.  Find us a court case where BTC was recovered from a closed business.  Assuming TH really does close being a LLC.

Oops!

Terrahash is NOT an LLC!

It is incorporated in California; the Land of Fruits and Nuts as a FOR PROFIT corporation!

"TERRAHASH, INC.
Entity Number:   C3566232
Date Filed:   05/14/2013
Status:   ACTIVE
Jurisdiction:   CALIFORNIA
Entity Address:   366 S MARY AVE
Entity City, State, Zip:   SUNNYVALE CA 94086
Agent for Service of Process:   CORPNET, INCORPORATED
Agent Address:   340 N WESTLAKE BLVD STE 210
Agent City, State, Zip:   WESTLAKE VILLAGE CA 91362"

You may go here to check the veracity of my information:

http://kepler.sos.ca.gov/

Absent intentional fraud, if the corporation bankrupts out, the principals will walk away unscathed.

Have a nice day and stop trying to cut of the head of the Messenger please.

My $.02.

Wink
[/quote]

You setup 250+ corporations but don't know the difference between an "investor" and a 'customer'?  

AYou are wrong about the principals walking away unscathed.  Terrahash was undercapitalized and lacked sufficient paid in capital to prevent the corporation from being an alter ego of Amir Khan and Tarandeep Gill aka Justin.  Piercing the corporate shield and proving that Terrahash is in fact an alter ego of Amir Kahn and Tarandeep Gill will be easy.  Terrahash, Amir, and Tarandeep are already being sued for Fraud in Santa Clara County Superior Court.  See:http://www.sccaseinfo.org/pa6.asp?full_case_number=1-13-CV-254284&crumbs=Civil%20Index&crumbs=Party/Case%20Type%20Search&crumbs=Party/Case%20Type%20Results&crumbs=Cases%20Involving%20Amir%20Khan

If you are owed money by Terrahash you can file a complaint with the Santa Clara County District Attorney's office, sue them in Superior Court, or small claims court. The small claims court process is simple, it's inexpensive, and you can file for up to $10,000 which would probably cover most of Terrahash's customers.  The process take about 15 minutes; fill out two pages of information, pay the clerk $100, serve Terrhash (it's easy) and you'll be in court about 30 days later. If you go to small claims court you're making a claim for cash, it doesn't matter if you paid with BTC, WIRE, or PayPal.  Assuming you win your case, which you will,  you'll be awarded a judgement for cash.  The judgement is good for 10 years and the county sheriffs office will help you collect on your judgement.  You can seize earnings, cash, bank accounts, cars, homes, and any other real property belonging to the defendant(s).  The judgement will also appear on the defendant's credit report.   If you don't live in bay area you can file a complaint with the District Attorney's office and they'll advocate and mediate on your behalf, plus they have the power of enforcement.  You do not have to settle for a partial refund.



[/quote]

Had not seen this.  Nicely done showing this.  Might explain why we have even heard a word from TH account.  Now they can say they have made statement on here within past months.
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November 11, 2013, 12:24:34 PM
 #5066

Although I wrote that I was out of this thread, I will weigh in one last time to explain just how court ordered chargebacks work.

I'm not going to tell you a pack of lies; I'm only going to tell you how things work in the real world.

First, Paypal does not, repeat DOES NOT dispute court orders.  Not now, not everl NEVER! It's just not worth the cost to them.  Right in the Terms of Service, it is as well.

Now, let us assume for the sake of discussion that Terrahash has filed a bankruptacy proceeding and that all transactions within 90 days of that filing are being examined by the Court Trustee.

Now the Court Trustee, he's tokin' on a number and diggin' on the radio while he looks at these transactions, finds a few he doesn't like, looks out over the bow of the ship that is Paypal and says, "I'm gonna move you Baby!" and he does, right into the Terrahash Paypal account, instigating a chargeback which Paypal will immediately pay to the Court but wait.....................................

The Terrahash bank accounts are either empty or have been seized already by the Trustee and there is no money to be had from that quarter.

Now Paypal, being the Evil Empire of payment processing is not going to stand for this or any other kind of loss so the Paypal guy, who is also tokin' on a number and diggin' on the radio takes a look around and sends a chargeback to the person who received the refund payment.

BANG!

The entire amount of the funds paid to the Court is now charged back to the person(s) who received the refund in the first place, zapped by Paypal from either the associated bank account or credit card.

This is how it works and the ship that is the Paypal account of the person who received the refund acts as though it has hit an iceberg and goes right on down!

If the person wants to fight the chargeback, it will be up to that person to secure legal counsel, which counsel will require a hefty retainer which number might even exceed the amount of the chargeback and there will be little hope of recovery of the funds.

Now there is a way to protect yourself against such chargebacks but the method will result in the loss of your Paypal account, which is probably going to happen anyway, so no real damage done.

Here are the steps you would take:

(1) Make NO changes to the Paypal account itself so as to not draw unwanted attention to what you are doing.


(2) Clean out your Paypal account, leaving only USD $1 in it.  If you sent the money from the Paypal account to your bank account, wait until the money hits the bank account before proceeding to Steps 3 and 4.

(3) Close the bank account associated with the Paypal account but don't tell Paypal.  They will not know unless and until they try to charge back to that bank account.

(4) Cancel any and all credit or ATM cards associated with the Paypal account but again, don't tell Paypal.  They'll figure it out if they try to charge back.

Now if Paypal does attempt a chargeback and you have followed the above steps, you are at least temporarily immune to chargebacks.  Your Paypal account will be locked and Paypal will email you to death to try to get you to update your account with new info.

Ignore them.

Following this plan will get you smooth sailing for at least a while and protect your hard earned funds from what amounts to legalised theft due to the actions of Terrahash & Co.

If you are lucky and depending on the amount involved, Paypal will only send you nasty letters and eventually go away, turning the bad account over to a collection agency.

If you are not so lucky and the amount is large enough, Paypal will instigate legal action against you but that scenario is not really very likely as such actions are often just not worth the time and expence involved.

My $.02.

Wink

P.S.: Apologies to Jamie Brockett.



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November 11, 2013, 12:29:54 PM
 #5067

Although I wrote that I was out of this thread, I will weigh in one last time to explain just how court ordered chargebacks work.

I'm not going to tell you a pack of lies; I'm only going to tell you how things work in the real world.

First, Paypal does not, repeat DOES NOT dispute court orders.  Not now, not everl NEVER! It's just not worth the cost to them.  Right in the Terms of Service, it is as well.

Now, let us assume for the sake of discussion that Terrahash has filed a bankruptacy proceeding and that all transactions within 90 days of that filing are being examined by the Court Trustee.

Now the Court Trustee, he's tokin' on a number and diggin' on the radio while he looks at these transactions, finds a few he doesn't like, looks out over the bow of the ship that is Paypal and says, "I'm gonna move you Baby!" and he does, right into the Terrahash Paypal account, instigating a chargeback which Paypal will immediately pay to the Court but wait.....................................

The Terrahash bank accounts are either empty or have been seized already by the Trustee and there is no money to be had from that quarter.

Now Paypal, being the Evil Empire of payment processing is not going to stand for this or any other kind of loss so the Paypal guy, who is also tokin' on a number and diggin' on the radio takes a look around and sends a chargeback to the person who received the refund payment.

BANG!

The entire amount of the funds paid to the Court is now charged back to the person(s) who received the refund in the first place, zapped by Paypal from either the associated bank account or credit card.

This is how it works and the ship that is the Paypal account of the person who received the refund acts as though it has hit an iceberg and goes right on down!

If the person wants to fight the chargeback, it will be up to that person to secure legal counsel, which counsel will require a hefty retainer which number might even exceed the amount of the chargeback and there will be little hope of recovery of the funds.

Now there is a way to protect yourself against such chargebacks but the method will result in the loss of your Paypal account, which is probably going to happen anyway, so no real damage done.

Here are the steps you would take:

(1) Make NO changes to the Paypal account itself so as to not draw unwanted attention to what you are doing.


(2) Clean out your Paypal account, leaving only USD $1 in it.  If you sent the money from the Paypal account to your bank account, wait until the money hits the bank account before proceeding to Steps 3 and 4.

(3) Close the bank account associated with the Paypal account but don't tell Paypal.  They will not know unless and until they try to charge back to that bank account.

(4) Cancel any and all credit or ATM cards associated with the Paypal account but again, don't tell Paypal.  They'll figure it out if they try to charge back.

Now if Paypal does attempt a chargeback and you have followed the above steps, you are at least temporarily immune to chargebacks.  Your Paypal account will be locked and Paypal will email you to death to try to get you to update your account with new info.

Ignore them.

Following this plan will get you smooth sailing for at least a while and protect your hard earned funds from what amounts to legalised theft due to the actions of Terrahash & Co.

If you are lucky and depending on the amount involved, Paypal will only send you nasty letters and eventually go away, turning the bad account over to a collection agency.

If you are not so lucky and the amount is large enough, Paypal will instigate legal action against you but that scenario is not really very likely as such actions are often just not worth the time and expence involved.

My $.02.

Wink

P.S.: Apologies to Jamie Brockett.




Unless and until you can provide precedence I'm considering this advice tripe.

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November 11, 2013, 12:54:49 PM
 #5068

Although I wrote that I was out of this thread, I will weigh in one last time to explain just how court ordered chargebacks work.

I'm not going to tell you a pack of lies; I'm only going to tell you how things work in the real world.

First, Paypal does not, repeat DOES NOT dispute court orders.  Not now, not everl NEVER! It's just not worth the cost to them.  Right in the Terms of Service, it is as well.

Now, let us assume for the sake of discussion that Terrahash has filed a bankruptacy proceeding and that all transactions within 90 days of that filing are being examined by the Court Trustee.

Now the Court Trustee, he's tokin' on a number and diggin' on the radio while he looks at these transactions, finds a few he doesn't like, looks out over the bow of the ship that is Paypal and says, "I'm gonna move you Baby!" and he does, right into the Terrahash Paypal account, instigating a chargeback which Paypal will immediately pay to the Court but wait.....................................

The Terrahash bank accounts are either empty or have been seized already by the Trustee and there is no money to be had from that quarter.

Now Paypal, being the Evil Empire of payment processing is not going to stand for this or any other kind of loss so the Paypal guy, who is also tokin' on a number and diggin' on the radio takes a look around and sends a chargeback to the person who received the refund payment.

BANG!

The entire amount of the funds paid to the Court is now charged back to the person(s) who received the refund in the first place, zapped by Paypal from either the associated bank account or credit card.

This is how it works and the ship that is the Paypal account of the person who received the refund acts as though it has hit an iceberg and goes right on down!

If the person wants to fight the chargeback, it will be up to that person to secure legal counsel, which counsel will require a hefty retainer which number might even exceed the amount of the chargeback and there will be little hope of recovery of the funds.

Now there is a way to protect yourself against such chargebacks but the method will result in the loss of your Paypal account, which is probably going to happen anyway, so no real damage done.

Here are the steps you would take:

(1) Make NO changes to the Paypal account itself so as to not draw unwanted attention to what you are doing.


(2) Clean out your Paypal account, leaving only USD $1 in it.  If you sent the money from the Paypal account to your bank account, wait until the money hits the bank account before proceeding to Steps 3 and 4.

(3) Close the bank account associated with the Paypal account but don't tell Paypal.  They will not know unless and until they try to charge back to that bank account.

(4) Cancel any and all credit or ATM cards associated with the Paypal account but again, don't tell Paypal.  They'll figure it out if they try to charge back.

Now if Paypal does attempt a chargeback and you have followed the above steps, you are at least temporarily immune to chargebacks.  Your Paypal account will be locked and Paypal will email you to death to try to get you to update your account with new info.

Ignore them.

Following this plan will get you smooth sailing for at least a while and protect your hard earned funds from what amounts to legalised theft due to the actions of Terrahash & Co.

If you are lucky and depending on the amount involved, Paypal will only send you nasty letters and eventually go away, turning the bad account over to a collection agency.

If you are not so lucky and the amount is large enough, Paypal will instigate legal action against you but that scenario is not really very likely as such actions are often just not worth the time and expence involved.

My $.02.

Wink

P.S.: Apologies to Jamie Brockett.




Unless and until you can provide precedence I'm considering this advice tripe.

Okey, dokey!

https://www.paypal.com/webapps/mpp/ua/useragreement-full#10

Here ya go!:

"10.4 Actions by PayPal - Court Orders or Other Legal Process.

PayPal, in its sole discretion, may take various actions including placing a hold, Reserve, or other limitation on your Account or the funds in it and/or releasing any or all of your funds in the event it receives notice of a court order or other legal process that restricts the use of or access to your funds or requires their release. PayPal will give notice of a hold, Reserve, or limitation it makes to comply with a court order or other legal process, unless the court order or other process directs that PayPal not provide you notice, in which case the court order or other process supersedes any notice obligation PayPal has undertaken or agreed to under the terms of this Agreement. PayPal has no obligation to contest or appeal from any such order or process. Holds, Reserves, or limitations on your account that are placed in response to a court order or other legal process may be maintained longer than 180 Days. PayPal will decide in its sole discretion the appropriate scope of a hold, Reserve, and/or limitation to assure compliance with a court order or other legal process.

Additionally, in the event PayPal receives notice of a garnishment or equivalent legal process directing the restraint of funds in your Account or directing payment of funds from your Account to the court or another third party, PayPal may limit your Account and hold the funds in it for up to 180 days, and may disburse funds from your Account, as needed, for the purpose of resolving any Dispute, Claim, Chargeback, or Reversal."

Take special note of this:

" PayPal has no obligation to contest or appeal from any such order or process."

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November 11, 2013, 02:24:59 PM
 #5069

You all realize Terrahash never said they intend to file bankruptcy.

This whole long list of threads going back and forth on minutia really is really just an unnecessary tangent at this point.

As I've said earlier.  Terrahash doesn't want the legal fight against PayPal and is likely waiting for the dust to settle from that part of the fiasco before attempting to make anything else right. 

With that said, have any of the bitcoin tracers been able to determine if they may have the coins or not?

And what about Cloudhashing...  talk about debt.
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November 11, 2013, 02:47:41 PM
 #5070

You all realize Terrahash never said they intend to file bankruptcy.

What else would "go out of business" mean?

Some events happened last week, that have forced us to make a decision to go out of business.

Buy & Hold
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November 11, 2013, 02:52:26 PM
 #5071

You all realize Terrahash never said they intend to file bankruptcy.

What else would "go out of business" mean?

Some events happened last week, that have forced us to make a decision to go out of business.


Going out of business != Bankruptcy.

You can retire and close your business by going out of business.
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November 11, 2013, 03:01:50 PM
 #5072

So they have mentioned that they will attempt to pay people back?  If that is the case I apologize for intimating that they wouldn't.  I haven't seen a post by them for so long I made an assumption..

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November 11, 2013, 05:23:52 PM
 #5073

So they have mentioned that they will attempt to pay people back?  If that is the case I apologize for intimating that they wouldn't.  I haven't seen a post by them for so long I made an assumption..

They mentioned a portion.  But they have had more then enough time to start the process, find 1 person who has got a TH refund direct from them in past month.... and you will suprise me.
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November 11, 2013, 05:31:35 PM
 #5074

Going out of business != Bankruptcy.

You can retire and close your business by going out of business.

Not if your business is loaded with tons of debts!

Buy & Hold
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November 11, 2013, 06:33:33 PM
 #5075

You all realize Terrahash never said they intend to file bankruptcy.

This whole long list of threads going back and forth on minutia really is really just an unnecessary tangent at this point.

As I've said earlier.  Terrahash doesn't want the legal fight against PayPal and is likely waiting for the dust to settle from that part of the fiasco before attempting to make anything else right. 

With that said, have any of the bitcoin tracers been able to determine if they may have the coins or not?

And what about Cloudhashing...  talk about debt.

What with Terrahash being faced with multiple lawsuits which would cost a small fortune to defend and a bankruptcy filing only costing a few grand, what do you think will happen?

Use your common sense.

My $.02.

Sad

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November 11, 2013, 10:33:29 PM
 #5076

Update 11/9/2013: TerraHash is still in business, we have not filed for bankruptcy yet. The refund from Yifu was cashed immediately back then, we did not make any profits from the recent surge in BTC prices. Again, we are still committed to provide as much refund as possible. I will update again in a couple days on how we are going to proceed with that.

"I will update again in a couple days"^"I will update again in a couple days"^"I will update again in a couple days"^"I will update again in a couple days"^"I will update again in a couple days"

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atomicchaos
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November 11, 2013, 11:21:30 PM
 #5077

Update 11/9/2013: TerraHash is still in business, we have not filed for bankruptcy yet. The refund from Yifu was cashed immediately back then, we did not make any profits from the recent surge in BTC prices. Again, we are still committed to provide as much refund as possible. I will update again in a couple days on how we are going to proceed with that.

"I will update again in a couple days"^"I will update again in a couple days"^"I will update again in a couple days"^"I will update again in a couple days"^"I will update again in a couple days"


Heheh, Brilliantly funny, because it's true. Thanks for the laugh.

BTC:113mFe2e3oRkZQ5GeqKhoHbGtVw16unnw2
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November 11, 2013, 11:29:41 PM
 #5078

Quote
I have seen just such actions in a case recently filed by a friend who had sold off a collection of vintage cars prior to filing.

The Court Trustee went out and retrieved each and every of those cars, leaving the purchasers high and dry with no recourse.

The cars were subsequently sold at a bankruptcy auction, with the proceeds going into thepool of  funds to repay creditiors.

I bought one of those cars from the Court for much less than the original seller had wanted.
Cheesy

This example is unrelated to our situation. This is an example of someone hiding assets before filing Chapter 7. Has nothing to do with us the customer. The creditors ended up with the money in this case anyway. And guess who the creditors are in our case? Paypal and the Credit Card companies. They will be the first to get back their money and we are already paid by them.

Nope.

Read my post again.

No one hid any assets at all.  The transactions were open and no effort was made to conceal them.  The proceeds were even put towards the debts by the debtor but that made no difference to the Trustee who reclaimed the cars and dumped them into an auction as the Trustee found that the transactions had been completed in anticipation of bankruptcy.

Dealing with the bankruptcy court Trustee is a whole new world and is a game played by the Trustee's rules, some of which are made up as the Trustee goes along.

Good luck!

My $.02.

Wink

We can't tell exactly what happened in the case from what you posted. But I would bet the cars were sold to friends and relatives for a lot less than they were worth just before bankruptcy.

Unrelated to our situation. And you have still failed to come up with any case where a charge back by Paypal or a Credit Card, from a customer was confiscated by a court action. 
justmyname
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November 11, 2013, 11:39:29 PM
 #5079

Although I wrote that I was out of this thread, I will weigh in one last time to explain just how court ordered chargebacks work.

I'm not going to tell you a pack of lies; I'm only going to tell you how things work in the real world.

First, Paypal does not, repeat DOES NOT dispute court orders.  Not now, not everl NEVER! It's just not worth the cost to them.  Right in the Terms of Service, it is as well.

Now, let us assume for the sake of discussion that Terrahash has filed a bankruptacy proceeding and that all transactions within 90 days of that filing are being examined by the Court Trustee.

Now the Court Trustee, he's tokin' on a number and diggin' on the radio while he looks at these transactions, finds a few he doesn't like, looks out over the bow of the ship that is Paypal and says, "I'm gonna move you Baby!" and he does, right into the Terrahash Paypal account, instigating a chargeback which Paypal will immediately pay to the Court but wait.....................................

The Terrahash bank accounts are either empty or have been seized already by the Trustee and there is no money to be had from that quarter.

Now Paypal, being the Evil Empire of payment processing is not going to stand for this or any other kind of loss so the Paypal guy, who is also tokin' on a number and diggin' on the radio takes a look around and sends a chargeback to the person who received the refund payment.

BANG!

The entire amount of the funds paid to the Court is now charged back to the person(s) who received the refund in the first place, zapped by Paypal from either the associated bank account or credit card.

This is how it works and the ship that is the Paypal account of the person who received the refund acts as though it has hit an iceberg and goes right on down!

If the person wants to fight the chargeback, it will be up to that person to secure legal counsel, which counsel will require a hefty retainer which number might even exceed the amount of the chargeback and there will be little hope of recovery of the funds.

Now there is a way to protect yourself against such chargebacks but the method will result in the loss of your Paypal account, which is probably going to happen anyway, so no real damage done.

Here are the steps you would take:

(1) Make NO changes to the Paypal account itself so as to not draw unwanted attention to what you are doing.


(2) Clean out your Paypal account, leaving only USD $1 in it.  If you sent the money from the Paypal account to your bank account, wait until the money hits the bank account before proceeding to Steps 3 and 4.

(3) Close the bank account associated with the Paypal account but don't tell Paypal.  They will not know unless and until they try to charge back to that bank account.

(4) Cancel any and all credit or ATM cards associated with the Paypal account but again, don't tell Paypal.  They'll figure it out if they try to charge back.

Now if Paypal does attempt a chargeback and you have followed the above steps, you are at least temporarily immune to chargebacks.  Your Paypal account will be locked and Paypal will email you to death to try to get you to update your account with new info.

Ignore them.

Following this plan will get you smooth sailing for at least a while and protect your hard earned funds from what amounts to legalised theft due to the actions of Terrahash & Co.

If you are lucky and depending on the amount involved, Paypal will only send you nasty letters and eventually go away, turning the bad account over to a collection agency.

If you are not so lucky and the amount is large enough, Paypal will instigate legal action against you but that scenario is not really very likely as such actions are often just not worth the time and expence involved.

My $.02.

Wink

P.S.: Apologies to Jamie Brockett.




Unless and until you can provide precedence I'm considering this advice tripe.

Okey, dokey!

https://www.paypal.com/webapps/mpp/ua/useragreement-full#10

Here ya go!:

"10.4 Actions by PayPal - Court Orders or Other Legal Process.

PayPal, in its sole discretion, may take various actions including placing a hold, Reserve, or other limitation on your Account or the funds in it and/or releasing any or all of your funds in the event it receives notice of a court order or other legal process that restricts the use of or access to your funds or requires their release. PayPal will give notice of a hold, Reserve, or limitation it makes to comply with a court order or other legal process, unless the court order or other process directs that PayPal not provide you notice, in which case the court order or other process supersedes any notice obligation PayPal has undertaken or agreed to under the terms of this Agreement. PayPal has no obligation to contest or appeal from any such order or process. Holds, Reserves, or limitations on your account that are placed in response to a court order or other legal process may be maintained longer than 180 Days. PayPal will decide in its sole discretion the appropriate scope of a hold, Reserve, and/or limitation to assure compliance with a court order or other legal process.

Additionally, in the event PayPal receives notice of a garnishment or equivalent legal process directing the restraint of funds in your Account or directing payment of funds from your Account to the court or another third party, PayPal may limit your Account and hold the funds in it for up to 180 days, and may disburse funds from your Account, as needed, for the purpose of resolving any Dispute, Claim, Chargeback, or Reversal."

Take special note of this:

" PayPal has no obligation to contest or appeal from any such order or process."

Sorry. This isn't Holland Dutch justice.

Nowhere does it say anything about confiscating a charge back of a customer for a trustee in a court bankruptcy case. This is more likely related to when TH had their Paypal account frozen. And if they are sued it could be held up again for garnishment. Their were no refunds.
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November 12, 2013, 12:33:06 AM
 #5080


......

" PayPal has no obligation to contest or appeal from any such order or process."

Sorry. This isn't Holland Dutch justice.

Nowhere does it say anything about confiscating a charge back of a customer for a trustee in a court bankruptcy case. This is more likely related to when TH had their Paypal account frozen. And if they are sued it could be held up again for garnishment. Their were no refunds.

I may be misreading you but I got my refund via paypal, I am not sure what you are suggesting here.

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