Re: Secured Claim - against a Home Builder who filed Ch. 11 Bankruptcy

First question is has your attorney (who is attempting to collect the debt) filed for, and obtained relief from the automatic stay in the Chapter 11 case? If he has not, then you can do nothing to collect from them without first doing so. Even the collection efforts from their insurance company are probably barred by the automatic stay. Almost certainly you need to retain a bankruptcy attorney in Delaware to assist you and your attorney. You need to make contingency plans to save your home as it is very unlikely that your claim will be settled anytime soon while they are operating as a debtor-in-possession. The whole point of the bankruptcy (from their perspective) is the give them breathing room from the pressures of their creditors (you are one) until they can develop a plan to repay all or some portion of their debts. I'm sorry to say that you are such a small fish in the pond of their creditors that unless you can get relief from their insurance company, you will probably not see much if any of what they owe you. Retain a bankruptcy attorney in Delaware as soon as possible to review your case.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Re: Secured Claim - against a Home Builder who filed Ch. 11 Bankruptcy

You aren't going to get paid. At least not in full, if at all. That's what bankruptcy means - that company is insolvent, has no money. What it may have had, now belongs to the bankruptcy court and trustee. You are one of probably many creditors that may someday get pennies on the dollar for their claims. File your Claim in bankruptcy and hope for the best.