Richardson, TX asked in Bankruptcy and Business Law for Texas

Q: My small business has a suit filed against it by a bankruptcy court for a payment I never received.

A client who owed me money for services already rendered apparently filed bankruptcy. This client claimed to their trustee that post filing, they had paid me for the services rendered. Subsequently, a suit was filed against my business for the funds. The problem is, these funds were never paid and certainly never received by my business. Obviously there is no proof that these funds were remitted because I never received or deposited a check. My question is, how can the court file suit against my business for something that clearly is not accurate? Second, aside from submitting my bank statements from my business as proof, what else can I do to quickly have this dismissed?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Burden of proof is on the claimant. He has to prove he paid you. He needs proof and his word won’t do.

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