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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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I was due a postpetition wage claim in a chapter 11 case with

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I was due a postpetition wage claim in a chapter 11 case with previous employer, the claim was ordered to be paid 60days from confirmation of plan it is now 68 days past the due date what can I do legally?
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. the court obviously was confused by your letter. But what you must do is to notify the debtor in possession as well as his attorney and the US trustee of the default. The US trustee will then set a motion to dismiss the chapter 11 if the debtor does not make good by the date of the hearing. In the alternative, the trustee can move for a conversion to a chapter 7.
as far as getting paid, those are your legal options though neither of them may result in you getting paid. But it does force the debtor to take legal action for fear that he may get booted out of court and them his creditors can start pursuing him again and he will no longer have the protection of the BK court.
Thanks for understanding.
Customer: replied 5 years ago.
I have phoned the debtors attorney to no avail I have received no contact and no return phone call, I have notified the Trustee, The Court, The Lender thus everyone that needs to know, The court had me pay the filing fee for the Notive of the default in payment, Does this mean the judge sets a hearing or does he just rule on it? Is there any other way to obtain my claim? Please and yes I have every intention of paying you, I appreciate your help
If you have paid the filing fee, than the court will send out the notice of default to the debtor and giving hims 20 days to cure the default. And in the twenty days he can either pay you, at which time you will dismiss your motion, or he will file a response which will then prompt the court to set a hearing, or he will do nothing. If he chooses to do nothing, the court will then enter his default. So you are doing everything legallly possible that you cuold be doing at this time. Hopefuly, if he was smart, he will pay the wage claim and avoid a dismssial or conversion. I hope this works out for you as I get so upset when I hear debtors file on wage claims. Best regards.
Customer: replied 5 years ago.

I want to tell you thank you so very much, I have had a very difficult time trying to get help.

You are very welcome.

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