Legal Question in Civil Litigation in Florida
Contractor Default on Contract
We signed a contract for the construction of an inground pool. We were paying cash(NO LOAN). We paid as the contract stated as did 41 others. We are left with a guinite hole in the ground, no electric, no screen enclosure, no paver decking or diamond brite finish etc. We paid 95% of the contract price and the owners closed their doors. We do have an ongoing lawsuit but we fired our lawyer as he would not amend the lawsuit for all 3 owners and we are searching a new attorney. The state investigated all our claims and now have the county law inforcement involved undere fraud BUT the owners have just filed Bankruptcy the end of Oct. Does this stop my lawsuit of 1 & 1/2 yrs? Our lawsuit was pushed several times due to the fact the owner fired his 2nd lawyer and his first lawyer quit due to nonpayment. The notice of bankruptcy states we have a deadline to Objecting the Discharge along w/ a date for the Meeting of Creditors. We have gathered proof that he purchased a number of homes with our monies. He sold Co. Bldg for $400,000 & split money (3 owners). HOW DO WE STOP FROM BEING INCLUDED IN HIS BANKRUPTCY? WE WOULD STILL WANT HIM TO PAY US OR ANOTHER COMPANY TO COMPLETE THIS JOB? HOW DO WE FILE THIS OBJECTION TO DISCHARGE?Thank you
2 Answers from Attorneys
Re: Contractor Default on Contract
You are going to need to file a Complaint (or Adversary Proceeding) objecting to discharge in the bankruptcy court. Give me a call or e-mail if you want to discuss further.
ScottBehren
Re: Contractor Default on Contract
You can file an Adversary Proceeding or seek stay relief if there are grounds. There are very strict deadlines and you should retain a bankruptcy lawyer.
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