Legal Question in Bankruptcy in Florida

If monies are made due to bankruptcy...

If monies are made, via settlement, by the debtor from the parent company of a location I serviced as an independent contractor (I am a creditor in a case that was first filed under Chater 11 and is now currently under Chapter 7 proceedings for wages owed, as I was not paid by the debtor company), am I entitled to any monies from this settlement after all debts have been paid? The amount of money received in the settlement is large, probably much in excess of debts owed and the debtors, who sued the parent company of the location, never set foot in probably any of the locations serviced by independant contractors, such as myself. It was not my knowledge that anything untoward occurred by the company the debtor sued effectively (it is a major retail chain) except for the fact I, and many others, some of whom were lost when proceeding transferred from Chapter 11 to Chapter 7, were not paid for services rendered, expenses, etc. Am I entitled to any monies, which have to be applied to bankruptcy proceedings, after basic debts have been met? This proceeding has been going on for years.


Asked on 10/30/03, 7:02 pm

1 Answer from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: If monies are made due to bankruptcy...

In a Chapter 7 as an independent contractor you would be one of the unsecured creditors. To preserve right to any distribution you need to file a proof of claim within the time allowed by the court. If you are listed on the bankruptcy you should receive notice in the mail. If you are concerned that your rights have not been preserved, then you should call the Trustee in the case and inquire as to the status and the deadline to file a proof of claim.

Very truly yours,

Thaddeus J. Hunt

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Answered on 10/30/03, 10:50 pm


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