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Does bankruptcy of party affect small claims?

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Bride L.

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

My wedding was in April, in Pittsburgh. My photographer was paid up front. He photographed my wedding and posted the pictures online. My husband and I met with him 2 weeks later to discuss our album. The album in included in the package we paid for. The photographer said that it would be a few weeks for him to put together the format and then a few weeks once the album was ordered. He said he would post the format online and we would approve it before ordering.

We have not heard from the photographer since then - almost 6 months. I googled his name this week to see if I could find out what might be going on. I found a string of bad reviews on the insiderpages website. Apparently we are not the only couple he has stopped communication with. One recent review stated that they found out the photographer filed for bankruptcy.

I looked into small claims court, which my understanding is that you don't need a lawyer for it. BUT, my fear is that if the photographer did indeed file for bankruptcy, all of his assets are frozen in bankruptcy court. Do I need a lawyer to get my pictures (assets) or money back, if he filed for bankruptcy?
 


JETX

Senior Member
Do I need a lawyer to get my pictures (assets) or money back, if he filed for bankruptcy?
First, if he did indeed file for bankruptcy, the bankruptcy filing triggers an 'automatic stay' against any creditors. You cannot file a lawsuit or pursue any other collection efforts against him.

You need to get in contact with him and:
1) Find out if he did in fact file for bankruptcy (get the court, case number and attorney name), and
2) Try to negotiate a settlement (your promised pictures). Keep in mind, if he has filed bankruptcy, you can't get any money.... just the 'material' items to complete his obligation.

You can also contact the Federal bankruptcy court that presides over where he lives and ask them if he has filed.
Pennsylvania Bankruptcy Courts
 

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