Hi, my company is summoned for adversary proceeding, "Recovery of money". I believe they have the wrong company. The plaintiff, which is represented by a counsel of a bankrupt company, stated in the complaint that my company received payment back in 2010 while the debtor (bankrupt company) was insolvent and is now demanding my company to return the said payment back. I have no idea about these two companies. Both plaintiff and bankrupt company are in same state as my company. So if we do a company lookup in our state I am the only company with that name. But there is very established company with same company name as mine that I believe is the "real" debtor in this case but it is registered in another state. My business is really small and I am the only one in my company.
I responded in writing to the clerk's court that this is a case of mistaken identity and ask them to dismiss the case against me and my company. I also asked for proof to show why they think they have the correct company.
I received a mail from the bankruptcy court for notice of deficient filing. That I am required counsel to file on behalf of my company.
What should I do? I don't want to spend money because I know I have nothing to do with this case but looks like I have no choice.
Your opinion and help is really appreciated.
2 Answers from Attorneys
Contact the Plaintiff's or Trustee's attorney to try to resolve this. If not and the summoned party is a corporation, you'll need to consult a bankruptcy attorney. Ken
Same answer, except to add that a LLC and certain other entities may also have to be represented by an attorney. Ken