Largo, FL asked in Bankruptcy, Consumer Law and Contracts for Florida

Q: What type of lawyer do I need?

I paid a company a $20k deposit and was told they have filed bankruptcy. This has not been confirmed and I have not received any notices in the mail. I would like to know my options.

4 Lawyer Answers
Justin M. Gillman
Justin M. Gillman
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Edison, NJ

A: I am not an attorney in Florida but believe your recommended course of action is the same. First, if a company filed bankruptcy, it is public information and therefore accessible. That would be the easiest starting point to determine if the company has filed. Sometimes, companies say they "filed" when they indicate that they "will be filing".

Second, its not clear the type of service or product for which you made the deposit or the contract that you signed. Depending on these answers, your rights may be different.

I would suggest you contact an attorney who may have familiarity with both bankruptcy and consumer rights and review the contract and situation to learn how best to proceed.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Since your $20,000 is at great risk, you should immediately find out where the bankruptcy was filed (sate and federal court district) and then try to download all the information from the Bankruptcy Court's official website. Armed with that information you will be able to file a claim as a creditor, and also be able to file a notice informing the Court that you are an Interested Party and want to receive copies of all documents pertaining to your claim.

If you feel overwhelmed by this procedure you should hire an experienced lawyer to advise you and to help you look out for incoming surprises. Any of the lawyers answering this question will be able to help you. Contact one.

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: If you paid $20,000 unless you are facing murder charges or similar you likely overpaid and possibly got scammed. If you are saying you paid $20,000 for a personal bankruptcy or a small business bankruptcy that is too much, I would be worried if I was you.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Hire a bankruptcy attorney and file a prof of claim when told to do so. You may also have a fraud claim against the company which you can pursue in an adversarial proceeding within the bankruptcy.

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