Legal Question in Bankruptcy in California

Declaration of Bankruptcy

We contracted with someone to build a block wall for us and gave them a down payment. The person we gave the down payment to has now declared bankruptcy. Is there anything we can do to get our deposit back?


Asked on 5/25/04, 1:01 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Declaration of Bankruptcy

It depends on how much the down payment was for. If it was substantial enough, you might retain an attorney to bring an adversary action against the person for fraud, which is not dischargeable in bankrutpcy. But that could be an expensive proposition. You would have to show that he took the money from you knowing that he was about to file bankruptcy. Life's not easy, sometimes, unfortunately.

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Answered on 5/25/04, 1:29 pm


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