Verify bankruptcy?

[BlkStormy]

What is the name of your state? California

We have a client that owes a few thousand dollars and hasn't paid. The bill was unpaid for quite awhile and when the client was phoned, the client told us that they filed bankruptcy. Where do we go from here? We were just about to file a small claims case for the amount owed...

1) How can we verify that they actually did file for bankruptcy?
2) What can we do to collect what is owed?

Thanks,

[HomeGuru]

Originally Posted by BlkStormy

What is the name of your state? California

We have a client that owes a few thousand dollars and hasn't paid. The bill was unpaid for quite awhile and when the client was phoned, the client told us that they filed bankruptcy. Where do we go from here? We were just about to file a small claims case for the amount owed...

1) How can we verify that they actually did file for bankruptcy?
2) What can we do to collect what is owed?

Thanks,

**A: are you a collection agency or a direct creditor? Regardless, what is your company policy with respect to collection practices?

[BlkStormy]

Direct Creditor. At the time we didn't really have much in place (new company). Currently we:

1) send out notice at 30 days
2) send out notice at 60 days
3) have the account manager call to clear up the payment situation
4) at 120 days it's send to collections or small claims (depending on the situation)

[BlkStormy]

The real question here is how can I find out if they really did file for bankruptcy? If not, and they're just saying that, we'd like to proceed with our small claims case.

[moburkes]

Get an account here, and look it up. Its free until you go over a certain amount of lookups.

[url]http://pacer.psc.uscourts.gov/[/url]

[RobertSNC]

Every US Federal Bankruptcy Court has a designated toll free number inwhich you can verify bankruptcies. No Need to pay for this service.

The designated liine is called "Voice Case Information System" AKA VCIS.

Google the districit Bankruptcy you are looking for. Like example, I wanted to find someone in Eastern Disitricit of NC, I just google "US Bankruptcy Court Eastern Disitricit NC". Once redirected to their website I look for that designated number and call it. You can search by many different ways includling name, address, social security number and others.

Once you have located your client, it will give you everything you would want to know about the filing, including the date, date of hearings if any, creditors meeting if any, so forth.

Now and MOST IMPORTANT, just filing bankruptcy may not discharge their debt to (i assume a firm you are collecting for), reasons:
Did they file chapter 13 or chapter 7?
Was the debt you attempting to collect, secured or unsecured?
Did they include your client in the bankruptcy ( and maybe your client failed to notify you to stop any proceedings)? The court will always notify every customer listed in the petition.

Once you know these things then you know how to proceed. Now I am no attorney so therefore, ifyou feel you really have a good claim, regardless of small claims or not it is always best to consult an attorney.

Finally, if this family is in the situation to where they have had to file a chapter 7 bankruptcy, why add to the wound? Just forget it and move on, for the time you spend attempting to collect and still may not win, I am sure could be use in a much more positive manner.

Robert S.
Fayetteville, NC

[moburkes]

Robert, thanks for the reply. Next time, post on a thread which is less than 2 years old. You've added nothing to this current discussion.