Can I sue a contractor that recently filed chapter 13 bankruptcy?

This could be a hornets nest. You will need an experienced bankruptcy attorney to review the contractor's bankruptcy filing. Also, many contractor?s are required to post a bond to get their license, so speaking with the contractors board may be useful before talking about an expensive lawsuit.

It sounds like you are talking about the kind of wrongdoing covered by the 'Theft by Contractor' law, at least in Wisconsin. It is a kind of fraud, and it is non-dischargeable in a bankruptcy case, BUT you must file a kind of lawsuit within the bankruptcy case, called an Adversary Proceeding. Otherwise the debt to you would be discharged. (You are prohibited from suing him in any other forum while he is under the protection of the bankruptcy court.) Even if the debt is the debt of a corporate entity like an LLC, the owner is responsible for Theft by Contractor. (This may explain why he listed a former customer as a creditor.) You should file the Adv. Pro. within 90 days from the day he filed his petition. You would do best to find an experienced bankruptcy lawyer very very soon. Our firm has handled dozens of such cases. And in this area there are a dozen or more reputable bankruptcy lawyers. Good Luck.

It is too complicated to explain here. Pay an experienced BK lawyer to review the BK filing and advise you. You are probably right, you may be able to sue the LLC. But what assets does it have?

You really need to consult with a bankruptcy lawyer and/or a consumer lawyer. A personal bankruptcy would not stop you from suing the LLC, but chances are good that the LLC has no assets and there would be little or no hope of recovery.

If he did business with you after he filed the bankruptcy, you can sue him. This is because bankruptcy only applies to claims that arose prior to the filing date of the bankruptcy. If you contracted with his LLC and not with him personally, you can sue the LLC unless the LLC has filed for bankruptcy. The problem is that usually the LLC won't have any money. ?People never put more money into a broke LLC, they just start a new LLC that doesn't have the old debts (well, at least people that listen to their lawyers). Sometime people in bankruptcy list debts of their companies, their spouses, their partnerships, etc. because many unsophisticated creditors will see "bankruptcy" and write off the debt and move on. Dealing with a debtor who is in bankruptcy is a complex issue and there can be severe penalties for breaking bankruptcy rules. You need to consult an attorney before taking any action.

If he is in BK any suit will be stayed. If you feel he ripped you off with full knowledge he would take a BK, then you must hire a BK attorney to avoid the discharge of your claim. This won't be cheap, so it depends how much he took you for.

Yes, you can sue his LLC if he did not file a separate bankruptcy for it. The other client may have required a personal guarantee in addition to binding the LLC. Therefore, to avoid personal responsibility to that client, the contractor would have listed him as a creditor. Frankly, he should have listed you as a creditor, too. You definitely should speak to an experienced bankruptcy attorney about the best strategy to get your money back. If it's not too late, you should be able to file a claim against his contractor's bond.

Need details, and generally you can sue the company as it is a personal bankruptcy. See an attorney, there are special rules regarding deposits for work not yet done, as well as licensing issues.