Legal Question in Business Law in Florida

Fraud, swindle business

I purchase products with a domestic supplier here and sold to oversea. My oversea client received the products but not the one I ordered for him. The products he received is garbage with no value. By the time I know this I have already paid in full this purchase. I contacted the supplier. They don't want to cooperate with a solution and said they will file bankupcy to avoid any future legal action I will take. They even moved out of their existing business address. This is an Incorporated business. Does the law of bankrupcy protect such kind of dishonest merchant?


Asked on 12/19/02, 12:03 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Fraud, swindle business

If you can prove a fraud, bankruptcy will not be available to them.

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Answered on 12/22/02, 3:03 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Fraud, swindle business

If your claim is based on fraud, then filing bankruptcy will not discharge or make moot your claim against the defendant. Of course, you would have to bring your claim as an adversary proceeding in bankruptcy court unless you can have the bankruptcy filing dismissed as a sham. If the amount in controversy is substantial, you may want to invest in retaining an attorney. Otherwise, you will likely never see one dollar or any acceptable resolution to your problem. Good luck.

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Answered on 12/23/02, 2:18 pm


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