I have paid a company up front for kitchen cabinets and they have since filed bankruptcy. They tell me that they will still finish the job, ...

Question

I have paid a company up front for kitchen cabinets and they have since filed bankruptcy. They tell me that they will still finish the job, should I still fie a Proof of Claim form to the Colorado Bankruptcy Court?

Answer

The answer to your question is "It depends." It depends on many factors that you have not delineated in your question, including the Chapter under which the debtor filed, the stage of the proceeding, and many other things that this forum does not give me (or any other lawyer) the ability to evaluate. You need to contact a bankruptcy attorney in your jurisdiction (call the Court Clerk and ask for the contact information for the bankruptcy bar association if there is an organized bankruptcy bar; if not, contact the state bar association for a referral) and bring with you any notice(s) you have received from the Court so that lawyer can evaluate and advise. Do this sooner rather than later; bankruptcy proceedings are very time-specific.

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