Legal Question in Bankruptcy in California

money paid out for parts & labor
I've paid out thousands of dollars to someone for purchasing parts and cover labor for work to be done on my crane trucks.Never recieved any parts or has he done any work. He has filed bankruptsy. Isn't this fraud on his part by filing?What process do i take to get my money back? I've called the person whom he filed with and was given a case # and phone # to get the web site but you cannot understand what is being said . Please help!!

Asked on 2/08/07, 1:08 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: money paid out for parts & labor

You would have to petition the bankruptcy court to either determine the dischargeability of the debt to you or seek relief from the automatic stay that the bankruptcy affords and file suit in state court.

If you want to e-mail me directly the case information you received, I'll take a look at it and try to interpret its status for you.

If the bankruptcy occurred shortly after you gave them the money, that could be evidence of fraud -- that is, they took your money in anticipation of filing bankruptcy.

Answered on 2/08/07, 1:29 pm

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Carl Starrett Law Offices of Carl H. Starrett II

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Re: money paid out for parts & labor

What you describe MIGHT be considered fraud, but it depends on many facts that you have not disclosed. One of the most important factors would be how recenlty you provided the money and may who an intent not to repay.

The most common way to address this issue is called an adversary proceeding that is filed as part fo the bankruptcy case. You have very short time deadline to file this type of action, so you should consult a local attorney right away that focusses on creditor's rights in bankruptcy.

Answered on 2/08/07, 1:37 pm

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