Legal Question in Bankruptcy in Tennessee
My mother has a contract with a cabinet maker ,who refuses to make and install the $9000 dollors worth of cabinets she has paid for.The contract was signed in october of last year.She filed suit against him in small claims court.The judge ordered that the summons be reissued due to other people who have sued this person having difficulty due to him refuseing to be served the warrents by not going outside when the police arrived to serve him.He instead sent his wife out.he or his wife (not sure who)got serves 3 days after the warrent was issued.The day of court the judges reissued the summons when he did not show up for court.The day of that hearing he went to nashville to file chapter 11 bankruptcy.My mother recived a letter from his bankruptcy lawyer saying he had filed for chapter 11.Threw county records he had no business license for the county he lives and was doing business in(no doing business as accounts or anything on public record)since then he has been reserved the court summons.His bankruptcy lawyers have sent another letter to my mother saying she can not initiate any collection action tward him(even though she filed the small claims ation before he filed chapter 11)Other people who have been awarded judgements against this person before have also been sent letters saying he is fileing against those judgements aswell.Is it legal to commit fraud against customers and then file bankruptcy to avoid having to repay the people that this man has basically stole money from under false pretense?
1 Answer from Attorneys
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