Legal Question in Bankruptcy in California

Consumer rights following a company's bankruptcy

We purchased a product from a company which declared bankruptcy just two days after the product arrived. (Wouldn't they have known even as we purchased the product only days before?) The unit (an electric moped) was defective. We notified the company immediately. They purposely did not return our calls and stalled any action until we could not reverse the credit card purchase. They said they would repair it. They didn't. We asked for our money back, they admitted bankruptcy. After much negotiation they agreed to give us a new unit if we would pay to return the defective one. We personally delieverd it at our expense. They refused to give us a new one. They still have our $3,000 and the electric moped. We have reported them to the attorney general, the district attorney and consumer affairs. We have been told our only recourse is small claims court. Will bankruptcy protect them from ever coming clean on this purchase? Is it worth it for us to go to small claims in another state or will they just cry bankruptcy and we lose again?


Asked on 8/07/03, 5:49 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Consumer rights following a company's bankruptcy

Since you returned the moped after they filed, you should notify the trustee in bankruptcy. You might consider small claims court if they have any money to pay.

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Answered on 8/07/03, 6:00 pm


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