Legal Question in Business Law in California

Re: refund of due diligence money

Depending on the type of bankruptcy and whether it's an "asset" or "no-asset" bankruptcy, you might want to formally file a claim on the bankruptcy estate.

Re: refund of due diligence money

I can think of two possible ways to check on whether a lawyer has filed for bankruptcy. The most direct and informative way is to search for his name on a Web site called "PACER" (for Public Access to Court Electronic Records, or something like that). Using the site requires signing up, getting an ID, registering a credit card (to pay 8c a page for every document you examine), and learning how to navigate the site, which as you might expect from a government-designed anything, is not always straightforward or intuitive. Among other things, to narrow the search you'll be asked which type of Federal Court the case is in (try Bankruptcy) and what state and district (probably search all California courts, if that is the state he practiced in). Start by putting PACER into Google; it'll return several links.

The other way is to try the California State Bar site at www.calbar.ca.gov. It has an attorney search capability which might give some information on the attorney's licensing status, and there are also links to their attorney complaint and fee dispute procedures.

A third way is to send me the guy's name directly, and I'll look him up for you and give you a court and case number, if there is one.

Re: refund of due diligence money

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should confirm whether in fact bankruptcy petition was filed. If this person filed for bankruptcy, there is an "automatic stay" in place which will prevent you from suing him outside bankruptcy court. Find out what the deadline is for you to file "proof of claim" in the bankruptcy case. If you believe there was any fraud or defalcation involved by the debtor, you will need to file an "adversary proceeding" complaint in the bankruptcy court. You should consult your own attorney to protect your legal rights.

Re: refund of due diligence money

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should confirm whether in fact bankruptcy petition was filed. If this person filed for bankruptcy, there is an "automatic stay" in place which will prevent you from suing him outside bankruptcy court. Find out what the deadline is for you to file "proof of claim" in the bankruptcy case. If you believe there was any fraud or defalcation involved by the debtor, you will need to file an "adversary proceeding" complaint in the bankruptcy court. You should consult your own attorney to protect your legal rights.

Re: refund of due diligence money

You may have to file a complaint with the State Bar of California if he was to hold the money in trust. We would have to review your documentation.