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What can I do now to collect? Duval has filed for Bankruptcy.

Texas

The GC filed for Bankruptcy and I did reach out to the owner and they said to call their attorney because they are trying to get it worked out and that the GC kinda screwed everybody.

2 replies

Feb 12, 2021
I don't know what you are referring to with the term "Duval." However, you have two options both of which can be taken. One is to file a lien on the owner's property as long as you give the proper notices and file timely. The other is that as a creditor of the GC you can file a claim in the bankruptcy proceeding. Of course how that claim is handled will depend on the type of bankruptcy that is filed.
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Feb 12, 2021

When a company such as the GC files for bankruptcy, the Bankrupcty Code provides for an "automatic stay" ... meaning that all collection efforts against the GC must stop. Violating that stay can result in penalties. That being said, you may still have other options. To pursue a claim against the GC in the bankruptcy case, there is a process to file a Proof of Claim by the deadline set by the court. You may also have the ability to go after any retainage being withheld by the property owner and/or lien the owner's property depending on the circumstances.. You are welcome to reach out to me or another construction lawyer if you have any questions about your specific situation

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