Legal Question in Bankruptcy in California
I live in AZ, but bought a car from a dealer in CA with understated mileage. He field for chapter 11 bankruptcy on 5/19/2010. How do I file a request to be addedto the Master Address List in this case or am I too late? Thanks.
Best regards,
Ron Low
2 Answers from Attorneys
If you can prove he tampered with the odometer, you could file an adversary complaint in the bankruptcy case for fraud. In any event you should file a claim with the bankruptcy court if there is still time. Tell me more.
If you believe you have a valid claim against the dealer/debtor, you should file a proof of claim in the bankruptcy case. Include any evidence you have to support your claim. For cases in the Central District of California, the Proof of Claim form is available on the Court's website under Court Forms - http://www.cacb.uscourts.gov/
If the case is not pending in the Central District, do an internet search for the applicable district and you should be able to find the proper form.
Make sure that the bar date for filing proofs of claim has not passed. In a chapter 11 case, the debtor usually makes a motion to the Court to have a claims bar date set. You could try emailing the debtor's attorney to request this information.
I don't know how much money might be at stake, but it may make sense to get help from an attorney.
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