What is the name of your state (only U.S. law)? FL
#1. Builder filed bankruptcy. Husband did contracted work for builder for several years. Builder is suing us (and 1399 other contractors)for the 3 months of payments prior to bankruptcy. I've read that this is legal but that we can use the defense that the payments were made through the regular course of business. We can prove this with invoices and check stubs. Do we have a chance defending ourselves or do we have to hire an attorney?
#2. Would we have any possible chance to counterclaim discrimination since they hand picked 1400 of their vendors because "Attorneys for the homebuilder said they are only targeting those companies that pressed TOUSA for payment in the last 90 days."
I don't believe we pressed anyone to pay. If they were holding a check we might have asked for one that was due to us but had no clue about the bankruptcy until right before they filed.
Here is the complete article. http://www.bizjournals.com/sanfrancisco/othercities/southflorida/stories/2010/02/15/story2.html?b=1266210000^2869881&s=industry&i=bankruptcies
#1. Builder filed bankruptcy. Husband did contracted work for builder for several years. Builder is suing us (and 1399 other contractors)for the 3 months of payments prior to bankruptcy. I've read that this is legal but that we can use the defense that the payments were made through the regular course of business. We can prove this with invoices and check stubs. Do we have a chance defending ourselves or do we have to hire an attorney?
#2. Would we have any possible chance to counterclaim discrimination since they hand picked 1400 of their vendors because "Attorneys for the homebuilder said they are only targeting those companies that pressed TOUSA for payment in the last 90 days."
I don't believe we pressed anyone to pay. If they were holding a check we might have asked for one that was due to us but had no clue about the bankruptcy until right before they filed.
Here is the complete article. http://www.bizjournals.com/sanfrancisco/othercities/southflorida/stories/2010/02/15/story2.html?b=1266210000^2869881&s=industry&i=bankruptcies