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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I placed an order online for cabinets with a Buycabinets.com

Resolved Question:

I placed an order online for cabinets with a Buycabinets.com and they are located in Arizona. I paid them in full, with a bank draft. They are now being represented by a law firm and are under bankruptcy proceedings. I am unable to get a response from them and I am told that my cabinet order has been placed but is not being processed. I paid $7200 to them and have nothing to show for it. What should I do?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Hello,


Thank you for your question. I am happy to assist you.


Since the company filed bankruptcy, the automatic stay of the bankruptcy court prevents any action outside of the bankruptcy from being taken against the debtor. Therefore, you cannot file suit. However, you can file a Proof of Claim with the bankruptcy court which may entitle you to share in any proceeds from the business.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 7 years ago.
How would I go about filing a Proof of Claim? Also do you have any idea what the chances of getting any money back would be? Also, if they reorganize and stay in business would they be obligated to fill my order at that time?

Thanks!
Expert:  Ellen replied 7 years ago.
Hello,


You can call the bankruptcy court where the petition was filed and request a Proof of Claim.


I do not have any idea what your chances are of recovery as I am unfamiliar with the business.


If they reorganize and stay in business typically they would need to fulfill your order.


I hope that this helps. Good luck.


Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE



Customer: replied 7 years ago.
Thanks for the help so far. You probably do not know the answer to this but I will ask just in case.

In my case I ordered over $7000 worth of cabinets for a client. Since the order is over due I no longer want or need the cabinets so I want a refund instead

If I make a claim, can I expect to get a refund rather than getting my order filled? I certainly won't need the cabinets once I make buy more from another dealer. And unfortunately I can not wait on the court's decision to replace the cabients and take care of my client.

Thanks.
Expert:  Ellen replied 7 years ago.
Hello,


Typically you can claim a refund on the Proof of Claim. Please remember to click accept so that I am paid by the site for my work. Thank you.


Thank you,
Customer/span>



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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