Legal Question in Bankruptcy in Texas

I gave a scrap yard owner in houston $100,000 for the purchase of scrap metal. He has not given me any scrap metal. He threatens me that he will file bankruptcy if I pressure him too much about returning my money. I have already filed a lawsuit against him. He is openly selling the scrap metal to other buyers for which he has taken money from me. I think he is disposing all his assets before the judgment of civil lawsuit and getting ready for declaring bankruptcy. What should I do?


Asked on 11/21/09, 1:01 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Who is your lawyer?

Your lawyer should ask for a temporary injunction against this guy selling any scrap metal, or requiring him to give the money to you if he DOES sell it.

If the guy files bankruptcy, you may be able to beat him: follow him into bankruptcy court, and allege that part of the property of his estate (the scrap metal) actually belongs to you; state it in terms of an equitable lien.

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Answered on 12/02/09, 3:08 pm


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