We have a customer that owes us $6695 with finance charges ($3,808 without finance charges). They have filed for bankruptcy. We received a notice with a phone meeting of creditors (10/25) and file deadline to object to discharge (12/27). Do we need to be on the call? Do we need to do anything before the call? And if they discharge is it worth challenging? Thank you for your help.
It really depends on facts particular to your situation. You might want to speak to an expereinced bankruptcy/construction attorney to run through a checklist of considerations (e.g., do you have lien rights, might have you receied preferential payments, are you an unsecured creditor, etc.). In a vacuum given the amount of your claim, it might make sense to just file a Proof of Claim (perhaps a 503(b)(9) claim if there are any monies due for materials furnished in the 20 day period prior to the bankruptcy filing), and sit back and wait to see if there is a distribution to unsecured creditors. Again, probably makes sense for you to speak to qualified legal counsel before you decide on your proper course forward.