Legal Question in Construction Law in California

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

1. Construction Law - CA

2. Ch. 11 Bankruptcy Law - John Laing Homes, filed in Delaware.

I have been over the past two years in litigation with John Laing Homes, (WL Homes, LLC). After arbitration last August 2008, I finally received a two part award that went into public record Jan. 19, 2009. My attorney hired a private detective to place lien on their bank accounts and assets, property, etc. JL Homes file in the state of Delaware Ch. 11 Bankruptcy. Their attorney told us at the beginning of the year that they were working with Zurich Ins. to get my award paid out prior to the hearing that took place on Jan. 19, 2009. To date, I have not received the payout nor does my attorney work in Corp. Law - Bankruptcy. I am about to lose my home due to all the time, energy and money spent over the past 2 1/2 years on this case. How can I get them to pay me as soon as possible? I need help.


Asked on 3/12/09, 1:46 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

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Answered on 3/12/09, 1:55 pm
Terry A. Nelson Nelson & Lawless

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.

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Answered on 3/12/09, 6:19 pm


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