Legal Question in Bankruptcy in Indiana

Boss not paying help

Nine other carpenters and myself were working for Oparka construction building homes and we all got stiffed ranging from 800 - 2800 dollars. I haven't talked to everyone yet but i'm guessing it's in the neighborhood of 15-20 grand. I personally have been waiting for 1360 since last dec. He kept hiring and firing people so as not to have to pay them. Now he says he is going to file chpt.13 Bankruptcy and we are not going to see a dime ( so he says). We are going to band together and try to do something legally here. Any suggestions? Also there are a couple of loose cannons in the bunch that i'm relatively certain are going to take matters into their own hands with this guy so a speedy response would be appreciated.

Thanks in advance,

KS


Asked on 2/09/06, 5:21 am

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Boss not paying help

Hi

Employee claims enjoy priority status up to $4000 each employee. It would be very wise to have all the similarly situated employees hire experienced bankruptcy counsel (someone who litigates regularly and doesn't just do consumer debtor cases) and pursue the claims in bankruptcy. there may be assets whch have been hidden or conveyed and the new code gives some teeth to creditors such as the employees. Experienced counsel should also be able to assess collectability early on so as to not throw good money after bad.

My experience is that most people who brag about what this guy has are not as smart as those of us who do this for a living.

I can be reached via email if yuo wish to schedule a free consultation

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Answered on 2/09/06, 1:38 pm


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