chp 11 filing

[Rbaginski]

What is the name of your state? Ca
WE recently purchased a spa through a company that has benn in buisness for about 5 years. We paid for it in full up front on American Express Card.They Said the custom spa would be delivered in about 4-6 weeks. I had called twice for update during that time. They told me everything was on schedule and would ship out around August 23rd. Then we recieved a letter from a lawyer's office saying they had filed chp.11. Having a very hard time contacting the attorney who is taking care of this. In the mean time I've gone into the store and they are selling there demo spa's at a discounted rate. I think we should have 1st choice at those. No one in the store will help us and they keep telling us to call the attorney. Then I read about filing a proof of claim and share in the liquidationof the backruptcy estate. Is there anything we can do or do we just sit and wait?What is the name of your state?

 

[azatty]

File your proof of claim, and file a request for notice with the bankruptcy court. Make sure to file the proof of claim as an "unsecured priority claim" under 11 U.S.C. §507(a)(7). It grants you priority status for a deposit made on consumer goods up to $1,800 (property purchased for family/household use). Then sit and wait.

The other possibility is to contact AMEX and do a "charge back" on the grounds that the vendor never provided the goods.

It's unlikely that the lawyer will call you back. Believe me, when a retail shop goes into an 11, there are simply too many customer calls for the lawyer to handle.

 

[2901bruce]

File your proof of claim, and file a request for notice with the bankruptcy court. Make sure to file the proof of claim as an "unsecured priority claim" under 11 U.S.C. §507(a)(7). It grants you priority status for a deposit made on consumer goods up to $1,800 (property purchased for family/household use). Then sit and wait.

The other possibility is to contact AMEX and do a "charge back" on the grounds that the vendor never provided the goods.

It's unlikely that the lawyer will call you back. Believe me, when a retail shop goes into an 11, there are simply too many customer calls for the lawyer to handle.

Agreed. Call AMEX, immediately & tell them that you paid for the spa and that it was never received. Tell them you need an immediate "charge back". I wouldn't even mention their BK.