Be careful who you "prebuy" from - you may get burned
01/25/2008
A&B Fuel debacle offers lesson in pre-paying
BY KENT JACKSON AND JESSICA DURKIN
STAFF WRITERS
The bankruptcy of an oil company in Northeastern Pennsylvania can signal consumers to be cautious when paying in advance for anything from fuel to funerals.
“When you’re paying money and not walking out of the store with it, we want consumers to be extremely cautious and raise a red flag as early as possible,” said Nils Frederiksen, spokesman for the attorney general’s office.
More than 700 customers are facing the ramifications of a business deal gone bad with the closure last month of A&B Fuel home heating delivery and propane business in Clifton Township, according to the office of state Attorney General Tom Corbett.
Company owners Arthur and Beverly Baio, who are residents of Wayne County, filed Chapter 7 bankruptcy Dec. 31 on A&B Fuel, three days after closing its doors with outstanding orders on pre-paid heating oil contracts.
The Consumer Protection Bureau of the state attorney general’s office filed a lawsuit against A&B Fuel in Wayne County Court last week citing violations of state consumer protection laws.
The Baios on Tuesday filed a second bankruptcy petition, Chapter 13, that pertains to their personal assets, which have been frozen along with their corporate assets.
Intent probed
District attorney’s office officials in six counties are also investigating if there was any criminal intent by the Baios to market and sell oil to customers knowing they could not fill the orders, said Joseph Jordan, Lackawanna County district attorney chief of detectives, this week.
Officials and customers are waiting for the Baios to file a comprehensive list of assets and liabilities, including creditors. The list is normal bankruptcy procedure on which the 15-day deadline has passed for the couple, said Mark Conway, the trustee assigned to the Chapter 7 case.
Mr. Conway said he expects to file next week a motion to compel the Baios to present their creditor and debtor lists. Two major banks, Wachovia and Wells Fargo, have already submitted to the bankruptcy court creditor claims on A&B Fuel, according to court documents.
Efforts to reach the Baios or their attorneys were unsuccessful Thursday.
Demanding security
Recovering money is easier before a company files bankruptcy, Mr. Frederiksen said. The office advises consumers to watch for signs of trouble, such as failure to deliver a product on time or a litany of excuses as to why the product didn’t arrive as promised.
People pay in advance for items like gift certificates, newspaper subscriptions and even funerals. Paying with credit cards can be an advantage to the customer because credit companies can cancel charges that are disputed within 60 days, Mr. Frederiksen said.
Companies including wedding photographers, a chain of health clubs, single stores and restaurants have closed recently around the state, he said, and the size of the company doesn’t guarantee stability. Pure Weight Loss had 400 outlets around the country when it filed for bankruptcy, he said.
In the case of A&B Fuel, pre-payments for fuel might have exceeded $1 million, Mr. Frederiksen said.
“Under the law, taking money for a product you know you will not be able to deliver is a clear violation, and that’s what we feel was going on in this situation,” Mr. Frederiksen said.
Next week, state Sen. Stewart Greenleaf, R-Montgomery, plans to introduce a bill requiring oil companies to post bonds or other security on money that customers advance to them. He said Maine, Vermont, Connecticut and New Hampshire already require oil companies to post security for advance payments.
Mr. Greenleaf said an oil company in Southeastern Pennsylvania experienced difficulties this winter, but did not close. His bill is similar to a law that requires health clubs to post bonds.
“People would pay ahead of time for a year’s membership, and then the company would go out of business,” Mr. Greenleaf said.
When people pay for funerals in advance, state law requires funeral directors to put 100 percent of the money they receive into a banking institution or an insurance policy.
“The consumer should demand some form of policy (or) should have a contract with the funeral home,” said John Eirkson, executive director of the Pennsylvania Funeral Directors Association.
Filing encouraged
Thomas Tumminello, of Lake Harmony, said his family, his neighbor and the Lake Harmony Volunteer Fire Company all made advance payments to A&B Fuel.
When the company closed, he and his neighbor had to find another fuel supplier before their houses went cold.
“We hooked up with Lehigton Oil Co. They were very nice, opened our accounts. We didn’t have to pay up front,” Mr. Tumminello said.
He and his neighbor filed complaints against A&B Fuel with the Consumer Protection Bureau, an action Mr. Frederiksen encourages consumers to take as soon as they suspect trouble.
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©The Times-Tribune 2008