Legal Question in Bankruptcy in California
Customer Claims
How does one file a claim against a company that has filed for bankruptcy and yet owes customers a product or refund on a product?
2 Answers from Attorneys
Customer Claims
Just file a proof of claim with the bankruptcy court clerk or you can hire an attorney to do it.
Filing a claim against a company in bankruptcy
An entity which has filed a petition in bankruptcy faces a period during which creditors of the entity may file their claims for amounts which the creditors contend they are owed. A bankrupt company which has ceased doing business generally will not be in a position to manufacture or obtain replacement goods. A claim can be filed, during the claims period, for a monetary amount. The claims forms can be obtained from the bankruptcy court which is presiding over the bankruptcy, and the clerk of the court can advise as to the case number and other information which the court requires to accept the form for filing. Whether or not a claim will be paid depends on factors too numerous to mention in this response. You should consult with an attorney in your commnunity to discuss your circumstances in detail.
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