Legal Question in Bankruptcy in Florida

Company Property Requested by Trustee

The company for which my wife worked unexpectedly filed for chapter 7 bankruptcy last month. Our most recent calculations show that the company owes us approximately $5,500 in unpaid wages for time worked, job related travel expenses (plane tickets/hotel), and paid time off accrued. The company appearently owes $140 Million to its creditors, not including its unpaid employees, so we don't expect to ever see the money owed to us.

Today we received a letter from the trustee, located in California, asking for the return of a company laptop and Blackberry which was not returned before the bankruptcy filing. His letter states that we should mail the laptop back to California (from Florida) at our own expense.

I'm not suggesting that I am going to keep the laptop as payment (although the thought has crossed my mind), but I do not feel that more money should come out of our pockets for this company, be it such a small amount.

Do we have any claim to the laptop? Are we required to pay to have the equipment shipped back?

Thank you!


Asked on 2/11/08, 9:23 pm

2 Answers from Attorneys

Re: Company Property Requested by Trustee

Once the company filed for Chapter 7 bankruptcy all of its assets became part of their bankruptcy estate. The Bankruptcy Trustee has control of all of the assets of the estate. You have no claim to the items in your possession which belong to the estate. Return of these items at your expense, eliminates the need for the Trustee to seek the return through litigation, exposing you to attorneys' fees. In theory, you can file a cliam against the Bankruptcy estate for the out of pocket monies. Not likely to be successful.

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Answered on 2/12/08, 10:11 am
James Hart The Hart Law Firm, P.A.

Re: Company Property Requested by Trustee

Unfortunately, the laptop and related equipment are part of the bankruptcy estate. You should send them back and file a claim with the trustee for your expense and lost wages.

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Answered on 2/12/08, 5:54 pm


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