jameshickey
Junior Member
What is the name of your state? CALIFORNIA
I was an employee of a tech company that filed the Chapter 7 Bankruptcy in 2000. Funds have been recovered and a settlement is near disbursement in 2006.
The problem is: I have been told by the attorney handling the distribution of recovered funds that I am not on the list as having filed a claim. Last day to file proof of claim was Dec 10, 2001.
I went to the bankruptcy court and was able to find my name on the Schedule E _ Creditor Holding Unsecured Priority Claims. My name is on the Schedule, but the mailing address was incorrect due to an error of my past employer and I had not received any correspondence about the case. Because most cases are no asset cases, I read it is not necessary to file a Proof of Claim unless otherwise notified. I read a notice is sent out to all creditors at the beginning of the case indicating the date, time and location of the meeting of creditors called pursuant to Section 341A of the Code. None the less, I was not notified because the address my address was listed incorrectly. I would have though that in order to be on the schedules, I must have a claim.
I don_t remember details yet an have not found any paper about it except a claim with the labor commissioner's office..
The research I have done states "to have a claim allowed (i.e., a right of payment against the debtor's estate), unsecured creditors must file a proof of claim, and shareholders must file a proof of interest with the bankruptcy court. . An unsecured creditor who fails to timely file a claim may not take part in the distribution of the debtor's estate."
"Even if a creditor does not file a Proof of Claim on a timely basis because of lack of notice or actual knowledge, and fails to file the Proof of Claim prior to distribution, this does not prevent the creditor from pursuing non-dischargeability as to their claim. 11 U.S.C. Section 523(c)(3). However, in a corporate case where there is no discharge, failure to file a Proof of Claim even without notice or actual knowledge, would not result in any distribution to the creditor. 11 U.S.C. Section 727(a)(1).
Is there anything I might still be able to do? Where do I go from this point?
I was an employee of a tech company that filed the Chapter 7 Bankruptcy in 2000. Funds have been recovered and a settlement is near disbursement in 2006.
The problem is: I have been told by the attorney handling the distribution of recovered funds that I am not on the list as having filed a claim. Last day to file proof of claim was Dec 10, 2001.
I went to the bankruptcy court and was able to find my name on the Schedule E _ Creditor Holding Unsecured Priority Claims. My name is on the Schedule, but the mailing address was incorrect due to an error of my past employer and I had not received any correspondence about the case. Because most cases are no asset cases, I read it is not necessary to file a Proof of Claim unless otherwise notified. I read a notice is sent out to all creditors at the beginning of the case indicating the date, time and location of the meeting of creditors called pursuant to Section 341A of the Code. None the less, I was not notified because the address my address was listed incorrectly. I would have though that in order to be on the schedules, I must have a claim.
I don_t remember details yet an have not found any paper about it except a claim with the labor commissioner's office..
The research I have done states "to have a claim allowed (i.e., a right of payment against the debtor's estate), unsecured creditors must file a proof of claim, and shareholders must file a proof of interest with the bankruptcy court. . An unsecured creditor who fails to timely file a claim may not take part in the distribution of the debtor's estate."
"Even if a creditor does not file a Proof of Claim on a timely basis because of lack of notice or actual knowledge, and fails to file the Proof of Claim prior to distribution, this does not prevent the creditor from pursuing non-dischargeability as to their claim. 11 U.S.C. Section 523(c)(3). However, in a corporate case where there is no discharge, failure to file a Proof of Claim even without notice or actual knowledge, would not result in any distribution to the creditor. 11 U.S.C. Section 727(a)(1).
Is there anything I might still be able to do? Where do I go from this point?
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