Legal Question in Bankruptcy in Indiana

Waht are our optins?

We ordered and PAID for materials from a company to build a home. we did not get the material and now they have filed bankruptcy - chapter 7. What are our options? Can they sell the material that belongs to us to pay other creditors?


Asked on 4/01/03, 10:42 am

3 Answers from Attorneys

Eric Southward Southward & Haggard

Re: Waht are our optins?

WE have to be very careful here, I would immediately advise you to consult with an attorney who deals in contract law. You MAY have a claim against this company for fraud. If you do not have the materials, they may be considered an asset in its bankruptcy proceeding; you may not be able to get them nor may you be able to take actions to retrieve them. Were they bonded and did they have insurance? Do you have homeowners that may cover this? To protect your rights and to prevent you from doing something that violates bankruptcy law, you need to move quick as there are deadlines in a bankruptcy proceeding to bring an action against this company.

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Answered on 4/01/03, 11:01 am
C. David DuMond Law Offices of David DuMond

Re: Waht are our optins?

If you paid by credit card within the applicable period (60 days of the time the item first appear, usually) then ask the credit card company to revoke the purchase for non-delivery. If you paid money, then file a claim in the bankruptcy case; I think you probably have a "secured" claim, secured by the goods you purchased, if they can be separately identified. If the company which supplied the goods arranged the credit for the purchase, then you may be able to rescind the credit transaction. As you can see, there are a lot of "if"s in this response, because small changes in facts can cause big changes in outcome. So you should consult with a local lawyer as soon as possible. Try to find someone with experience in "commercial law". Your local bar association can probably make a referral. Good luck.

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Answered on 4/01/03, 11:19 am
John Bator Bator Redman & Shive

Re: Waht are our optins?

Unfortunately, you are an unsecured creditor in a business bankruptcy. It is likely that they never purchased your materials OR there is a secured creditor that has a security interest in the inventory of the bankrupt debtor that primes your claim. I would strongly urge to consult with a business bankruptcy specialist to do some investigating regarding the bankruptcy vis-a-vis the facts of your claim, there are ways to collect on claims like yours even if the debtor is in a chapter 7. Good luck!

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Answered on 4/01/03, 12:44 pm


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