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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Question Objecting to a Trustee's Motion to Pay Only Specific Debtors

    I would appreciate if someone could provide me with objections to submit to the court to prevent a motion by the Trustee in a Virginia BK Court to pay only 20 of the 300+ debtors.

    Background"
    I worked as a loan officer (W2 employee) for a mortgage company that filed Chapter 7.
    Received 10% of what my wages (commission) should have been and was told by the owner that I would likely receive additional money when assets of the company were distributed.

    Questions:
    1 As I stated above, would appreciate any suggestions (list of objections) I could use when filing my OPPOSITION to the Motion filed by the Trustee.

    2 Do W2 employees/wage earners have first position for claims on assets of a company that went into Chapter 7? (vs. say a vendor or business that is owed money)

    3 When I file this objection/opposition, will listing the objections in "bullet" format be sufficient or is there an online template I could follow?

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Objecting to a Trustee's Motion to Pay Only Specific Debtors

    It's unlikely that somebody here is going to draft pleadings for you. Consider googling for samples, asking the court clerk for a sample from another file, or retaining a lawyer to help you.

    Unpaid wages should be given priority in bankruptcy. Apparently your commissions aren't being classified as wages.

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