I don't know anything about BRB, but if they were liquidating it probably wouldn't be necessary to file bankruptcy. Therefore, I wouldn't be surprised if nobody received notice of one. As my bankruptcy professor says, "Of course, if you want to liquidate, you don't need to file bankruptcy, just walk away and the creditors will do it for you." If you are liquidating in bankruptcy, you (the owner) aren't going to get anything anyway - you might was well let the creditors sue you in state court and fight over whatever assets are left. Why waste money on a bankruptcy lawyer?
An involuntary bankruptcy is a possibility, but they are VERY rare for a good reason. There is a lot of potential liability if you get it wrong. Besides, it is rarely necessary - if you are owed money you have a better chance of getting it by racing to the courthouse and suing them. Hiring an attorney to pursue collections might be expensive, but that would seem like pennies compared to what a bankruptcy lawyer would charge to file an involuntary bankruptcy.
It would be interesting to know if the company is really still in business. If they are, someone should sue them on principal. We all know that this happens too often - the owners of these businesses keep getting away with it because nobody does anything about it.
Best,
Robert A. Franco
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