Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Should we contact the condo owner or are we prohibited?
Response: You can contact the owner for payment and see what happens. Do not be surprised if the designer has already been paid. If he has been paid and is filing for Chapter 13, he must list you on his Chapter 13 case as one of his creditors and you must be notified of the Chapter 13 filing. If he files the Chapter 13 case but you are not notified, make sure that you file Proof of Claim with the Bankruptcy Court assuming that you find out in time of the bankruptcy filing.
Once he files for bankruptcy protection, you cannot contact him or his attorney for payments. Contacting him at that time will be in violation of the bankruptcy code's automatic stay, which goes into effect when a bankruptcy case is filed. You have to file Proof of Claim with the Bankruptcy Court. The Bankruptcy Court would tell you if and when to file Proof of Claim. The Court has a form for this.