Legal Question in Bankruptcy in North Carolina

Can I sue a company that went bankrupt and owes me money for goods never received? The company is being sold and I am only supposed to receive less than 10% of what is owed to me. If I sue, who would I sue since the company is going to be sold?


Asked on 5/14/16, 1:08 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

The purpose of bankruptcy is to shield a company from suits. You cannot bring any action in state court once a company has filed bankruptcy for a claim that occurred prior to the filing. You can participate in the bankruptcy. I see that they paid or proposed to pay a 10% dividend to unsecured creditors. However, there is a special provision that allows for up to $1,200 for deposits for undelivered merchandise. Contact a lawyer or research it. You must file a Proof of Claim within the time limits stated on the Notice of Filing. If you have a fraud claim or some other unique claim, you can bring an Adversary Proceeding in the bankruptcy. This is essentially suing the company that filed bankruptcy, but it is only for limited circumstances and in the bankruptcy court, not in state court. The 10% sounds like a dividend for general unsecured creditors. You have a special claim because you paid for the goods.

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Answered on 5/16/16, 6:31 am


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