Legal Question in Civil Litigation in California

My husband and I had a pool put in by a company that has recently gone out of business/declared bankruptcy or some combination there of. We cannot get in contact with them and the state has frozen all their accounts and assets. We were given a loan by this company prior to them going out of business, but our last payment has not yet been cashed and we were wondering if they even could cash it and what is our responsibility in getting this loan repaid?


Asked on 9/16/10, 12:46 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If they're in bankruptcy, your payment becomes part of the bankruptcy estate if they've listed it in the BK papers. You might talk to your banker about what your options are if the check remains outstanding. Also you might try to contact the company's president or treasurer to find out its status.

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Answered on 9/21/10, 12:58 pm
Daniel Bakondi The Law Office of Daniel Bakondi

It may be possible to hold all payments and see what happens. If someone asks for a payment, contact me or another attorney to analyze your obligations and options. You dont know if they just went out of business or filed bankruptcy. If they filed for bankruptcy, and if there are creditors, there will be a trustee who may look at the amount you owe as an asset and demand it. Probably, you were entitled to a warrantee or other benefits from this pool business, so you have an argument that the business also owes you something. If it would cost too much to come after you, you might be able to have an attorney such as myself renegotiate and settle for less, or none. That is, if someone demands money. You have to be weary of this matter potentially being handed over to collections or otherwise harming your interests, but you may get lucky. I would have to look at the loan, your contract, and obligations closely before I could say anything definitively, or anything that would constitute legal advice.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/21/10, 1:14 pm


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