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mdburress

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

My family and I contracted with a pool company to install a pool last summer. We signed the contract on July 2. Our pool was to be completed before the end of July. We have paid them 90% of the money and have nothing in return. We have been given numberous excuses. We last heard from them on Oct. 14, requesting $1250 to 1500 more for fill dirt they stated that they needed inorder to do the excavation. When we had questions, we got no reply. We then recieved a letter in the mail stating that they had filed bankruptcy on Oct 20. We are regular people, both of us work, sometimes two jobs. We had been planning and saving for this pool for years. Please help with some advice.
Thanks, Melissa
 


cyjeff

Senior Member
One more thing...

NEVER NEVER NEVER NEVER NEVER NEVER pay 90% of the cost of ANYTHING in advance sight unseen.
 

bigun

Senior Member
Sounds like all you can do is file a claim and hope there are some assets to distribute.
A lawsuit is pointless since, a bk filing comes with an automatic stay prohibiting collection activity.
 

cyjeff

Senior Member
Sounds like all you can do is file a claim and hope there are some assets to distribute.
A lawsuit is pointless since, a bk filing comes with an automatic stay prohibiting collection activity.
But the OP can certainly petition the court to award her assets remaining.

Which he/she should use an attorney to do quickly... and today.
 

bigun

Senior Member
But the OP can certainly petition the court to award her assets remaining.

Which he/she should use an attorney to do quickly... and today.

An attorney is worthless. Any assets will be distributed to ALL of the creditors. If there are any, they'll get a few pennies on the dollar. Hardly worth legal fees.
If the trustee determines there are assets to distribute, they'll get a claim form.
 

Gregeney

Member
Melissa, was the mail stating that they have filed a bankruptcy from the court? If not, have you received anything from the court regarding their bankruptcy? Do you know what chapter they filed?
 

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