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My contractor just filed for bankruptcy, does that end my case?

It significantly affects your lawsuit but doesn't end your ability to recover entirely. A bankruptcy filing triggers what's called an automatic stay, a court order that immediately halts most legal proceedings against the person who filed, including your pending or planned small claims lawsuit. This stay generally remains in place unless and until the bankruptcy court lifts it or the case concludes.

What the automatic stay does not affect, however, is a claim against the contractor's license bond, since the surety company backing that bond is a legally separate party from your contractor personally, not part of his bankruptcy estate. If your contractor has filed for bankruptcy, this often makes the bond claim your most realistic and immediate path to actual recovery, since it can proceed even while your lawsuit against him personally sits frozen.

For Plaintiffs

Contractor took your deposit?

Check what you're owed, including a license bond claim, and get your filing prepared.

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SueEasy is a self-help legal technology product built by LegalForce RAPC Worldwide, P.C. This page is for general information and is not legal advice. We are not a law firm and cannot represent you in court.