1) founder’s repeated written assurances that payment would be cleared, while knowing the company could not pay, constitutes false representation.

2) Continuing to use services and requesting new features (especially in Dec 2022, close to the Feb 2023 filing) while defaulting on payments can be interpreted as an intention not to pay, constituting "actual fraud".

3)  Your email evidence showing these promises is critical to proving they had no intention of paying at the time they requested the services.

4) You must file an Adversary Proceeding (a lawsuit within the bankruptcy case) to have the court declare that the debt is not discharged.

5) Even if the company is a "no-asset" case, a successful §523 action makes the debt survive the bankruptcy, allowing you to pursue the debtor personally later.

6) While a corporation is a separate entity, a founder can be held personally liable for fraud or fraudulent inducement if they used the corporation to commit fraud.

7)There is a strict deadline (usually 60 days after the first date set for the meeting of creditors) to file a complaint to determine the dischargeability of debt

Yes you can file for fraud A debt is not dischargeable if obtained by:False pretense. False representation Actual fraud. But you need to prove the important ingredient of intent to defraud at the time of false promise immediately before the bankruptcy. You should file for non dischargebelity only if you have good evidence 

In a typical Chapter 7 “no-asset” case, unsecured creditors generally do not receive any distribution. However, your case presents certain potentially actionable elements due to continued service usage and repeated payment assurances close to the bankruptcy filing.

As regards whether the conduct amounts to fraud or misrepresentation under U.S. law, repeated assurances of payment coupled with continued availing of services—especially in the period immediately preceding bankruptcy—may, in certain circumstances, support an allegation of fraudulent inducement. The key issue is whether, at the time of making those assurances, the debtor had no intention or no reasonable ability to pay. Mere non-payment is not sufficient; there must be evidence of intent to deceive.

On the question of non-dischargeability, you may explore proceedings under 11 U.S.C. §523, particularly under provisions dealing with debts obtained by false pretences, false representation, or actual fraud. An adversary proceeding can be initiated before the bankruptcy court seeking a declaration that your debt is not dischargeable. However, such proceedings are fact-intensive, time-bound, and require strong documentary evidence, including emails showing reliance and inducement.

With respect to proceeding against the founder personally, this is possible only if you can establish grounds to pierce the corporate veil or show that the founder made personal fraudulent representations independent of the company. If the contract was strictly with the company and no personal guarantee was given, recovery against the individual is generally difficult unless fraud is clearly established.

From a strategic perspective, the most practical approach would be to first evaluate the cost-benefit of initiating a §523 adversary proceeding. These proceedings can be expensive in the U.S. and may not be commercially viable unless the claim amount is substantial and evidence is strong.

A parallel or alternative civil claim against the founder may be considered, but again, it depends on the strength of evidence showing personal liability.

In cross-border scenarios such as this, enforcement and litigation costs often outweigh recovery prospects unless there is a clear fraud case or attachable personal assets.

In conclusion, your case has arguable grounds for alleging fraud and pursuing non-dischargeability, but the decision should be taken after a careful evaluation of evidence, jurisdictional strategy, and litigation costs. Engaging U.S. counsel experienced in bankruptcy adversary proceedings is strongly recommended before initiating any action.

Please feel free to reach out if you require assistance in coordinating with U.S. counsel or structuring the legal strategy.

s per Chapter 7 "no-asset" case, the court has determined there are no assets to liquidate for unsecured creditors ordinarily, your debt would be discharged.

Under U.S. law, specifically 11 U.S.C. §523(a)(2)(A), a debt is non-dischargeable if it was obtained by "false pretenses, a false representation, or actual fraud." You must prove that the founder knew they couldn't pay at the time they made the promise.  The fact that they requested new features in December 2022, knowing they were weeks away from a Chapter 7 filing is strong evidence of "fraudulent intent." In the U.S., "loading up" on services right before filing is often viewed skeptically by bankruptcy courts. You must show that you reasonably relied on their assurances to continue providing services.

An Adversary Proceeding is essentially a mini-lawsuit within the bankruptcy case to have your specific debt declared non-dischargeable. If you win, the debt survives the bankruptcy. You can then pursue the company (or the individual, if they also filed personally) indefinitely until paid. But, these  are expensive and technically complex. Since this is a "no-asset" case, even if you win a judgment against the company, if the company is being dissolved and has $0, a non-dischargeable judgment might just be a "paper win" with no money to collect.

If the founder made personal guarantees or specific false statements to keep you working, you might sue them individually for fraud. Fraud is a "tort," and individuals are often held personally liable for their own tortious conduct, even if acting on behalf of a company. But, if the founder treated the company as their personal piggy bank or failed to follow corporate formalities, you could try to hold them liable for all company debts.

Given the "no-asset" status, the most practical approach involves a cold calculation of Legal Fees vs. Recovery Probability.  If only the company filed Chapter 7, the founder is not protected by the automatic stay. Use your email evidence to send a formal demand letter via a U.S. attorney. Pointing out the December 2022 requests as evidence of "actual fraud" can sometimes scare a founder into a private settlement to avoid the risk of a non-dischargeability judgment or personal liability.

Before spending $10k–$20k on U.S. litigation, have a private investigator or attorney perform an "asset search" on the founder. If they have no personal assets, even a win in court won't get your money back.

1. Mere assurances and continued use of your services shall not bar the client from filing for bankruptcy.

2. Not advisable. Better let the bankruptcy proceedings take their own course, and file your claim with the official receiver.

3. If the founder made promises in his capacity of the client's representative and not in his personal one, no action lies.

4. Please be guided as above.