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Going On Six Years of Being Screwed Out of My Money (Yes, there's language)

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  • Going On Six Years of Being Screwed Out of My Money (Yes, there's language)

    In February 2003, the law firm I worked for suddenly closed. They completely ignored the WARN Act requirements. The partners who instigated the whole thing tried to just walk away, but the creditors forced them into bankruptcy. I filed a creditor's claim for my WARN money, unpaid retirement, etc. just over a year later.

    The trustee was a complete dick, only offering employees 10% of their claims. One attorney found a bankruptcy firm willing to handle our claims on a mass basis for a reasonable percentage of whatever they recovered over the original offer. The trustee sent us all letters claiming that the bankruptcy firm would not be able to get us any more money and how much better it would be to take his piddly ass deal. We told him to fuck off.

    In January of this year, a settlement was finally agreed on. We're only getting about 33% of what we claimed, but it's better than 10%. At this point, it's almost 5 years since the firm closed.

    In June, I contacted the bankruptcy firm to ask them about the settlement, as I had not received any further notices or, most importantly, a check. They told me that they were having trouble getting the trustee to return their calls, but would get back to everyone.

    In July, we finally receive an email from the bankruptcy firm telling us that the trustee should issue the checks in two to four weeks.

    In August, we're notified that the trustee has asked the judge for a reconsideration of a ruling that any money that was supposed to go into the retirement fund would, instead of being paid out in the checks (which would be subject to all payroll taxes and such), be rolled directly into retirement accounts, with no taxes removed from the funds. The hearing will be September 29.

    Today, we received notice that, due to a technicality, this motion would be reheard on November 12.

    I am so fucking angry. I had been planning for a bit of this money to get my Christmas shopping done early. Now, I'll have to budget quite a bit, and probably wait until the last minute when my bonus arrives just before Christmas.

    Samhein comes around in a few weeks. I'm considering necromancy at this point.
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  • #2
    But I can guarantee that the Trustee's going to get his money. Usually a Trustee is just paid a flat rate for each case he handles. However, if there are assets involved, he would have filed motions with the court to be compensated above and beyond the usual rate. I've seen lost of trustees make out better than the creditors in many cases. And the less the bankruptcy estate has to pay to you guys, the more money is available for him/her. It sucks.

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