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Client of Business Filed Chapter 7

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  • 01-03-2007, 03:26 PM
    pocahontas
    Client of Business Filed Chapter 7
    CALIFORNIA Can someone please help!
    I have absolutely no law knowledge. My husband and I were clients of a business that we hired in June of 06 to build a covered outdoor BBQ area for our backyard. We had severel issues (repair problems, etc.). We had made calls, emails and a final email (and a copy of that email sent regular mail) asking for a response by a specific date or that we would file a report with the State Contractors board. We have 2 concrete colored countertops, one which needs to be replaced (for a 2nd time) and a roof that leaks, despite being completely replaced. We have not made our final payment ($1,300) to them because of these things. There are also 2 fans that amount to about $1,200 ea., which they never billed us for. I suspect that maybe the owner just "wrote that off" just trying to satisfy our many disappointments. They tried throwing in other "freebies" here and there which we never took. Anyway, my questions...now in December, they filed bankruptcy chapter 7. In two weeks is the first meeting of the creditors and deadlines. Are we likely to see any sort of monies refunded for the crappy work that we will have to have redone? Second, will anyone come after us for the unpaid balance, even though the job really wasn't complete? And finally, we asked numerous times for the color combinations and types of concretes used, so that we would have that info. for future references. Now we are kind of stuck. We won't be able to re-do that countertop and have it match the other one without that info. Would we be able to obtain that info at the creditor meeting? How do we go about getting it?
    Sorry it's so long. I am really at a loss. We spent so much money on this project and I hate have to hire an attorney if it's not necessary.
    Thanks so much,
    Jul
  • 01-03-2007, 04:43 PM
    Mr. Knowitall
    Re: Client of business filed Chapter 7
    Quote:

    Quoting pocahontas
    View Post
    Are we likely to see any sort of monies refunded for the crappy work that we will have to have redone?

    If you've made a claim and there are sufficient assets to give you something, then possibly. Unsecured creditors, though, often get little to nothing.
    Quote:

    Quoting pocahontas
    Second, will anyone come after us for the unpaid balance, even though the job really wasn't complete?

    It's possible.
    Quote:

    Quoting pocahontas
    And finally, we asked numerous times for the color combinations and types of concretes used, so that we would have that info. for future references. Now we are kind of stuck. We won't be able to re-do that countertop and have it match the other one without that info. Would we be able to obtain that info at the creditor meeting? How do we go about getting it?

    You would have to get it from the contractor. Don't count on getting any information of that nature through the bankruptcy proceedings or hearings.
  • 01-18-2007, 01:01 PM
    pocahontas
    Re: Client of business filed Chapter 7
    CALIFORNIA

    Thanks for responding.
    My husband attended the meeting this morning to file a complaint for unfinished work and to ask for our job file (on the advice of an attorney.) He was met by many other angry customers of this company. Some are ready to file criminal charges b/c apparently they did not pull building permits on many of the projects. We did not check on this. I can't even fathom the thought of what is going to happen. What we have spent on this project is over $50,000.
    I am sick to think that it could be a possibility to tear the whole thing down or the stiff penalties we might have to pay. This guy worked in Texas at one time also. Does anyone know how I can find out if he filed bankruptcy there?

    Do you have any advice on what we should do here?
    Thanks
    J
  • 01-18-2007, 01:22 PM
    aaron
    Re: Client of business filed Chapter 7
    For what I recall as a modest fee, you can run a bankruptcy check either for a specific state or for all states using KnowX. There are other similar services available. You can also contact the state's bankruptcy courts and check to see if there have ever been files opened in the debtor's name.
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