Legal Question in Real Estate Law in California

Bankruptcy courts have filing and status information on a website called PACER. Depending on where you are, and where the company filed bankruptcy, you will need to access that court's PACER information to determine the status of the bankruptcy. Discharges and dismissals are on their also.

If you need to serve a business entity with a summons and complaint, which is usually a bad idea unless you are represented by an attorney, first make sure there is not an automatic stay in bankruptcy or a discharge as to your debt. Then, go to the California Secretary of State web site and look up the agent for service of process. Most big corporations use a company like CT Services. You would then have someone who is not you hand the agent the papers..

Even if the company was discharged from bankruptcy, i.e. the bankruptcy plan was approved ans most of its assets were distributed to creditors, it may still have sufficent assets for yo to go after them. You have to look at the bankruptcy records to get a feel for whether that is the case. If you were named as one of the creditor then; your sebt has been settled in the proceedings.

You have to find out from the Department of Corporations who is authorized to accept service of process for the Co. and then hire someone to gilve them a copy of the suit and required paperwork.

The case is In re BNC Mortgage LLC, 09-10137, U.S. Bankruptcy Court, Southern District of New York (Manhattan). I believe the case was merged into Lehman Brothers Holdings, Inc's. bankruptcy in Case No. 08-13555-jmp which is a huge mess and not likely to be resolved soon.