I had some firearms on consignment with a gun store. The gun storee has closed and declared chapter 7 and they have not paid me my money. What recourse do I have? I am not a lender who loaned them money.....
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Read More Answered By: Thomas Zimmerman |
If the guns are still in the inventory, you remain the owner and could recover them from the trustee. You must act fast to make your claim known. This is one of the purposes of the Meeting of Creditors. In the middle of the page of the Notice of Filing that you received, there is a scheduled meeting under 11 USC Section 341. You are permitted to attend and ask all questions relating to the filing and the property. You could also use the event to develop information which may support a fraud claim against the company or the individual. this has to be planned and you should go in with counsel and let him ask the questions. You have to be prepared to prove ownership but the trustee will honor your ownership. If the guns have been sold prior to the filing, and the funds can be identified, you may have a claim against the specific funds, a Proof of Claim is necessary and perhaps a motion before the court for a ruling. A motion should allow discovery to let you look through the books and find out what happened. If not, then an Adversary Proceeding may be necessary. |
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