Legal Question in Consumer Law in Arkansas

All furniture not received from company that has now gone bankrupt.

In September 2003 I purchased furniture from a well-known, family owned company. Financing was arranged through their company. I received part of the order (and some of this was incorrect). I was told the remainder would be received in three weeks. After this time passed and nothing received, I called the store. Phones were disconnected. I later found they had filed for Chapter 7 bankruptcy. I have been notified by the Trustee of hearings and have attended some. The financing was no payments for one year-which will be in September 2004. I don't know if, or when I will receive the balance of my order which is about $2,000. The finance company says they will not adjust the amount due. Do I have any recourse in this matter? Can the finance company make me pay for something I never received?


Asked on 5/14/04, 5:05 pm

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: All furniture not received from company that has now gone bankrupt.

Your recourse may be against the bankrupt company. It depends on the financing agreement. If it says the financing was for a particular item or items which you have not received, you can try to work it out with the financing company. If it was more like a loan, then you owe the money and you have to make a claim against the bankrupt company to get anything back.

You better act quick in the bankruptcy situation. Things tend to go quickly.

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Answered on 5/14/04, 10:40 pm


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