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I had an in-ground swimming pool built & the contractor filed a chapter 13 & then a chapter 7 bankruptcy.

The pool has major problems such as the cement cracking around the walkway & it is dropping in some sections about 2 inches or more in some places. The pool itself is leaking & has been since it was built. The contractor said it was normal evaporation. Originally it leaked 2-3 inches a day & now has progressed to 8-10 inches a day. In a 24,000 gallon pool, that is substantial. It has some other minor defects, but these 2 are major.
Is there anything I can do to make him fix my pool? This was a major purchase for me.
I did go to a bankrupcy "Meeting of Creditors" & the Trustee said I was unsecured & explained to me it means I did not put a money value on it. I am not asking for monetary gain. He further suggested I speak with a lawyer, which I can not afford.

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Attorney answers (1)

Avvo Pro

Reputation Level 14
Your claim against the contractor was for services that were "poorly performed" - or a breach of contract. You are an unsecured creditor and you should consult an experienced bankruptcy attorney. That attorney can bring an adversarial action to challenge the dischargeability of that debt. Otherwise, your claim against the contractor will be discharged along with all of the other unsecured creditors. Please, follow the trustees advice and consult a lawyer in your area.

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