Legal Question in Bankruptcy in California
Bankruptcy question
My wife and I sold a dance studio we owned for 2 years at the beginning of 2008 and agreed to finance the sale to the buyer over a period of 3 years at a low interest rate. The buyer made payments through October of 2008 ($544 a month), but after some discussion that their business was struggling, we(the seller) offered to suspend payments for 2 months for the buyer until 2009. When we contacted the buyer in January, they said they were going to declare bankruptcy and we have now been unable to contact the buyer since that last discussion in January of 2009.
As an unsecured debtor, I assume our chances of recovering any money is slim, but what course of action should we take to make sure we're in line for any settlement from the bankruptcy court? Obviously, if we aren't going to get much of our money back (about $14,000 still owed), we don't want to waste many resources on a dead end.
1 Answer from Attorneys
Re: Bankruptcy question
The answer depends upon a large number of factors. First, have they filed yet? Was the business purchased by the buyers as individuals, or did they form some entity (Corporation, LLC, Partnership) to buy the Dance Studio. Finally, are there any assets - sounds like the sales price was essentially for goodwill, and I assume there are not a lot of tangible assets in a dance studio business. As such, if they file Chapter 7, unless they have other assets, the chances of recovery are slim, but not impossible. If they have not yet filed bankruptcy, you may wish to file suit now and try to get a judgment on the note. By obtaining a judgment, and recording an abstract of judgment in the county in which they live and own assets, you may be better served in a bankruptcy, but it still an involuntary lien that generally may be avoided. I'd suggest sitting down with an attorney to review all the facts before giving up or taking any action on this matter. There are too many factors to give you a conclusive answer on this forum.
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