Over my head in small claims.

[flipadiddle]

What is the name of your state? Colorado

I am an electrical contractor. The defendant is a mechanical contractor. I am taking him to small claims court for 6700.00 for unpaid invoices for work we performed for him.

The afternoon before the trial he sent me a fax saying he had filed a chapter 7 the previous year. I called the bankrupcy court, and sure enough he had filed, but had not listed me on the bankrupcy.

I went to court the following day, and his defence was that he had filed chapter 7.

The judge looked at me (actually a magistrate), and asked me to educate him on why this debt did should still be paid when this guy had filed a chapter 7. I could not. He gave me 30 days to consult an attorney.

Some facts about this case:

1.We continued to work for him not only after he had filed his bankrupcy, but after his bankrupcy was final.( He had changed the name of his business after the bankruptcy.)

2. The fax we got the day before the trial said his new company had filed bankruptcy. This was untrue.

My questions are:

1. Am I entitled to monies on his personal and business chapter 7 because he failed to list me on his bankruptcy?

2. Am I entitled to monies he owes us after his bankruptcy was filed and or finaled, because we had continued to work for him after these dates.

3. Most importantly: How do I prove to the judge he owes us any money? What statutes or laws can I put in his hand to prove my case? Where can I get copies of them?

Please help. This guy is a real con-man and needs to be stopped or at least slowed down.

 

[bigun]

You do need to see an attorney and find out the state of the law in your district. Some districts consider a debt discharged in a no asset Chapter 7 even if the creditor is not listed.

http://www.usdoj.gov/ust/eo/public_affairs/articles/docs/abi012001.htm

I'd think work you did post bk filing would not be discharged.

 

[Who's Liable?]

The judge looked at me (actually a magistrate), and asked me to educate him on why this debt did should still be paid when this guy had filed a chapter 7. I could not. He gave me 30 days to consult an attorney.

You can respond to the judge that any debts incurred post BK are fair game.

1.We continued to work for him not only after he had filed his bankrupcy, but after his bankrupcy was final.( He had changed the name of his business after the bankruptcy.)

You can counter with your invoices showing the dates work was performed for the contractor AFTER his BK discharge.

2. The fax we got the day before the trial said his new company had filed bankruptcy. This was untrue.[/QUOTE]

Eh?

1. Am I entitled to monies on his personal and business chapter 7 because he failed to list me on his bankruptcy?

You will need to verify with a lawyer. Any debts left out of the BK matrix(creditors) are assumed to have been included. So in your case, his failure to list you does not mean you can still collect. The state automatically includes you.

2. Am I entitled to monies he owes us after his bankruptcy was filed and or finaled, because we had continued to work for him after these dates.

YES! Any debts incurred POST BK DISCHARGE(you will need to find when his BK was discharged) is NOT included in the BK and is fair game to collect on.

3. Most importantly: How do I prove to the judge he owes us any money? What statutes or laws can I put in his hand to prove my case? Where can I get copies of them?

You will need to find the EXACT date of discharge. Not the date of filing or the date of closing, BUT the ACTUAL date of his discharge. You will than need to gather ALL invoices that clearly SHOW the DATE of the work performed for his company.

I strongly advise getting a lawyer...

 

[garrula lingua]

Also poit out to the Judge that he changed his name & kept the same co./type of business.