Legal Question in Bankruptcy in Massachusetts

Bankrupt company operating under new name

My car was damaged by a tow truck during a towing. I sent a letter to towing co, requesting reimbursement. After not receiving any response, I took the case to Small Claims Court, as my repairs were in the vicinity of $450. Owner of tow co. personally listed as defendant. After multiple court dates & attempts by sheriff to deliver capius, I received letter stating that owner of tow company has filed for bankruptcy, and I was listed as a creditor. Since then, owner of towing company has continued to do business as a towing company, in SAME location, with SAME phone number, only changed name. Is there any way that I can continue to persue this case and receive the money I am due? How can this owner be allowed to operate this business in this way?


Asked on 8/03/05, 2:19 pm

2 Answers from Attorneys
David Baker Law Office of David Baker

Re: Bankrupt company operating under new name

If you are listed as a creditor, you will automatically get notices from the bankruptcy court. Be sure to pay close attention to them and pay particular attention to any deadlines; if you miss the deadline, you could lose your legal rights. Please call me for an appointment if you need further assistance. David Baker 617-367-4260

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Answered on 8/05/05, 12:21 pm
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Bankrupt company operating under new name

It is unlikely he filed bankruptcy just because of your claim, and if there are many other claims,the attorney general's office may have an interest. You can also go after his business license if he is engaging in shenanigans. If you have received an official bankruptcy notice from the court, not a lawyer, with a docket number and judge's initials, check out the paperwork at the court (they are public records). You may find a lot of claims like yours listed, in which case the AG's office again might be interested.

If there is no filing, by all means pursue the capias.

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Answered on 8/06/05, 10:04 pm


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