Legal Question in Bankruptcy in New York

How do you find out if bankruptcy was filed by a concern providing you with serv

If you were receiving services from a corporation or individual's business but not all services were completed and the corporation or individual became unresponsive to completing the work within an acceptable time frame how do you find out if bankruptcy was filed and where do you find this information? Is this information available on the internet and how is it accessed? If bankruptcy is filed by the individual or corporation can they continue to do business with you under their identity named in bankruptcy? Can they continue to bill you?

Can you select other avenues to complete the work?


Asked on 9/07/00, 10:03 am

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: How do you find out if bankruptcy was filed by a concern providing you with

Generally the filing of bankruptcy is first verified by calling and asking them. The Southern District of New York (NY area) also maintains case filings on the Internet at www.nysb.uscourts.gov. You can input the name of the person or company. Of course, if the company is based elsewhere, they may have filed elsewhere.

As to whether they can continue with the contract, here's a general overview -- if they still owe you performance under the contract, it's referred to as an "executory" contract. The bankrupt has a short period of time to elect whether or not they want to "affirm" the contract, and go forward with it, or to "disaffirm" the contract, and stop performing.

Generally if they file for Chapter 11, they continue under the same name as a Debtor-in-Possession. Remember when Texaco filed Chap. 11? Not too much changed, from the viewpoint of the consumer..

Can you simply elect to have someone else finish the contract? Pretty risky business, better check with a bankruptcy atty. and lay out all the facts.

Read more
Answered on 10/09/00, 7:35 am


Related Questions & Answers

More Bankruptcy Law questions and answers in New York