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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19492
Experience:  B.A.; M.B.A.; J.D.
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My husband and I have an LLC in FL. We completed work on a

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My husband and I have an LLC in FL. We completed work on a very high end condo for the interior designer, hired by the owner, to decorate and complete the unit. The invoice was for $3,400 including labor and materials billed in December, unpaid to date. I sent a specific demand for payment letter to the designer, certified, return receipt. The letter indicated I would provide it and our invoice to the owner of record within 15 days, because the designer had verbally told us in March that he had not been paid for the work, so he couldn't pay us.
In response, he mailed a copy of our letter back, handwritten at the bottom: "You may contact my attorney XXX-XXXX, Joe Attorney. We are filing Chapter 13 bankruptcy. Please leave me and my client alone." (signature)
We know for a fact that this designer altered our invoices (up) and submittd them as originals. He actually provided a copy of one to us. Should we contact the condo owner or are we prohibited?


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.

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