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For a bankruptcy attorney. Let’s say a person contracted…

For a bankruptcy attorney. Hello...
For a bankruptcy attorney. Hello, Let’s say a person contracted with a business, and the business has filed bankruptcy. The business’ bankruptcy attorney contacted the person and notified them that the business will be distributing the remains of its inventory to all affected persons under contract. The person responded to the bankruptcy attorney and stated yes, they would like to receive the inventory items. But then the attorney arranged for direct contact between the bankrupt business and the person. Well, the business owner penned a vitriolic email, attacking the person and stating the person can only pick up the inventory items when the person pays the business owner a certain amount, which is less than $50. (Background: A few years ago the person pointed out numerous contract violations, and in response the business owner "revised" his accounting records and launched a bilious attack. Please assume for the sake of argument that the person is right and the business owner indeed defaulted in several contractual areas, as was done to others as noted in internet postings.) Several questions. First, was it proper for the bankruptcy attorney to put the business in direct contact with the person?
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Answered in 4 hours by:
1/14/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 20,604
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Yes. However, the business who filed for bankruptcy has no legal basis to be making demands on the person. The bankruptcy Trustee is the one that is now in charge of the inventory and not the business.

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Customer reply replied 1 year ago
Thank you Philip. You anticipated and answered my second question. Which begs these few follow-ups. First, shouldn't the guy's bankruptcy attorney know this (and intervene to bridle his out-of-control, off-base client)?
Customer reply replied 1 year ago
Correction - I should address you as Mr. Phillips.

He should. I am not sure why he is not intervening assuming after the person has reported the demands to the Attorney.

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Customer reply replied 1 year ago
Thank you Mr. Phillips. Indeed, the guy copied his bankruptcy attorney on his email. Next, how can I determine the who is the bankruptcy Trustee?

As a creditor, you should have received a notice from the Court. On that notice would be the name of the Trustee assigned to the case. if you did not receive a notice, then you need to contact the bankruptcy Court and ask for "Docket Clerk." Give the the Docket Clerk the name of the business. The Clerk would be able to tell you who the Trustee is.

Kindly take a minute and use the popup screen to give a 5-star rating to my response so that I can receive proper credit for addressing your concerns. There is no additional cost to you for giving a 5-star rating. Positive rating is how I get paid for answering questions on the site.

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Customer reply replied 1 year ago
Thank you. I will rate you shortly. The guy's bankruptcy attorney, not the Court, sent a letter notifying all business affiliates that the entity ceased doing business last month. Is it possible there is no formal court filing at this point? (I just searched my local U.S. Bankruptcy Court, and could find no filing.)

Anything is possible. You can ask the bankruptcy Attorney directly about the filing and docket number.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 20,604
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 1 year ago
Thank you. And if there is no filing, presumably the business owner would still control his own inventory? (Note - in a previous email, the bankruptcy attorney promised me in writing I would receive the items.)

If there is no bankruptcy filing, the business is still in control of the inventory.

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Customer reply replied 1 year ago
Thank you again.
Customer reply replied 1 year ago
Follow-up question please. What would be the most self-serving reason why a debtor would want to distribute inventory to potential creditors after the dissolution of their business but before the filing of their bankruptcy? (I can only conjecture - if the creditors accept this now, then their debt would be viewed as appeased and they could make no further claims after the filing? Or??)
Customer reply replied 1 year ago
DISREGARD the above question. Again, consider the above-question deleted. This thread is entirely completed.
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Phillips Esq.
Phillips Esq.
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Category: Bankruptcy Law
Satisfied Customers: 20,604
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Experience: B.A.; M.B.A.; J.D.

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