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former employer filing bankruptcy

On Lawyer & Legal » bankruptcy & consumer credit

6,103 words with 4 Comments; publish: Tue, 26 Mar 2002 19:44:00 GMT; (800296.88, « »)

I have a good friend who worked for some time for a business owner in a small town in illinois. This business owner fell into some personal problems, which then turned into financial problems and he began to falter in paying his employee on a weekly basis. Then the paychecks came few and far between. Promises were made to him that as soon as he received money from his patrons, he would in turn pay his employee. One day turned into a week and a week turned into a month and a snowball effect took hold.

My friend does not work for this person anymore but is still owed a few thousand dollars for the hours he worked for this person. I feel sorry for my friend, as he has rent to pay, bills to keep up and a family to support. This business owner took advantage of a person who, at the time could not find another job, but needed the first position he found in order to sustain what he currently had. He now has fallen behind on several bills; has had numerous final notices and is in serious debt.

Now believe me when I say he has tried several times to get this business owner to pay him his dues. He has sent letters, made phone calls and appeared in person per owners request at said place of business, only to be avoided. He has even reduced himself to begging on the phone for the money owed to him.

How can a human being sleep at night after having done this to another fellow human being? Are his children going to have a good Christmas this year? I cannot understand how this business owner thinks this is right. Is there any justice to be done to someone who behaves in such a manner? Now the business owner is filing bankruptcy. The business owner sent a letter to my friend and said do not contact me, or leave any note at my business place otherwise I will have you arrested for harrassment. If he needs to contact him he should go through his attorney.

My questions are

1) how can we find out if he is really filing bankruptcy and

2) if he is can wages be included in bankruptcy papers

3) voicemail mesages and notes on the business door were left begging this man to pay him the wages he owes him. Is this considered harrassment? and could he really press charges?

4) if the business owner is not really filing bankruptcy, is there any way to retrieve this money owed in a legal and fair manner that will not cost a fortune in legal fees? Anyone with some advice would be appreciated.

thank you

hp932c

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  • 4 Comments
    • People LIKE the concept of bankruptcy when they can ditch their own debts -- and they hate it when they are on the receiving end of the debt ditching.....
      #1; Wed, 27 Mar 2002 06:13:00 GMT
    • I don't understand why the other respondants didn't answer your questions, but I will do so now.

      Quote:
      === Original Words ===

      hp932c

      How can a human being sleep at night after having done this to another fellow human being? Are his children going to have a good Christmas this year? I cannot understand how this business owner thinks this is right. Is there any justice to be done to someone who behaves in such a manner? Now the business owner is filing bankruptcy.

      You would be amazed at how many times in my 300+ posts on here that I've asked those exact questions of people requesting advice in the Credit & Collections Forums. It is pathetic that people do not honor their obligations, but that is just a fact of life. And while they are scum bags, you have to live with them, it's all part of the game.
      Quote:
      The business owner sent a letter to my friend and said do not contact me, or leave any note at my business place otherwise I will have you arrested for harrassment. If he needs to contact him he should go through his attorney.
      And while the business owner probably wouldn't be successful in having your friend arrested, your friend could be found in violation of the bankruptcy stay and the court could order sanctions (fines) against him.

      Quote:
      1) how can we find out if he is really filing bankruptcy and
      Call the bankruptcy court and ask, if your friend is included he should be served with notice of the bankruptcy by the court clerk, but check just to be safe. You can also contact the company's attorney he will advise you of the filing status.

      Quote:
      2) if he is can wages be included in bankruptcy papers
      Yes; however, they are a priority claim which takes precedence over other claims made against the bankruptcy estate, so if there are any assets and your friend files a Proof of Claim he has a good chance of getting some of his money.

      Quote:
      3) voicemail mesages and notes on the business door were left begging this man to pay him the wages he owes him. Is this considered harrassment? and could he really press charges?
      Yes and yes. If the bankruptcy has been filed you may not continue attempting to collect your debt.

      Quote:
      4) if the business owner is not really filing bankruptcy, is there any way to retrieve this money owed in a legal and fair manner that will not cost a fortune in legal fees?
      Yes, file a lawsuit against him in Small Claims Court for the amount of unpaid wages, then proceed to enforce your judgment.

      Good luck!

      [email]JASON.bankruptcy.questionfor.info.LEGISLATOR.COM[/email]

      #2; Thu, 28 Mar 2002 23:33:00 GMT
    • If an employer says they cannot pay you for any reason, that should be the last day you work for them, even if it will cause you to suffer financially.

      It's a really bad idea to allow an employer to string you along for weeks or months without paying you wages. Sooner or later you'll get burned. Your time is much better spent finding another job, rather than working for free.

      #3; Wed, 27 Mar 2002 17:43:00 GMT
    • I agree with gottago's advice here....
      #4; Thu, 28 Mar 2002 05:52:00 GMT