Aurora, CO asked in Bankruptcy for Colorado

Q: If a company failed to fulfill an order I placed and paid for, then files for bankruptcy, can I still sue them to get my

money back?

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2 Lawyer Answers
Timothy Canty
Timothy Canty
Answered
  • Bankruptcy Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: Probably not. Assuming they filed a Chapter 7 liquidation, the company's assets will be liquidated and the proceeds distributed according statutory priorities. Creditors are prohibited from trying to collect debts except through the bankruptcy process. You can file a Proof of Claim with the Bankruptcy Court. Depending on the various types of claims filed, you may get something.

Kevin Scott Neiman
Kevin Scott Neiman
Answered
  • Bankruptcy Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The extent of the financial situation is revealed in the bankruptcy filing and "341" notices. You can contact the attorney or court-appointed trustee to work out an arrangement on how your debt is handled in the bankruptcy.

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