Legal Question in Bankruptcy in Florida

Discovery of Information in a legal proceeding

I'm creditor in legal proceeding for wages owed to me. The firm, which was supposed to pay wages to individuals working for them in Sam's Club (WalMart) locations, declared bankruptcy just as payment for wages was due. All individuals who worked for them were requested, as part of the bankruptcy proceeding to submit a claim for the amount due. This was under Chapter 11 proceedings, all documents received only mentioned bankruptcy proceedings. Prior to changing the proceedings to Chapter7, documentation pertaining to case was received that detailed a massive settlement that had been sought by the Debtors from WalMart Corporation, which supposedly was awarded, WalMart somehow being held culpable for all that pertained to events leading up to the bankruptcy, including working conditions. Once again asked to submit a claim, I did. It repeated initial claim, as well as claim for any portion of monies due through discovery of new information. The Trustee for case, who I thought was supposed to protect my interests, made later motion to disallow second claim as duplicate. Legal counsel representing Trustee received an Order Sustaining that second claim was duplicate. What are my rights/should I do pertaining Trustee, act of discovery?


Asked on 8/30/07, 8:50 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Discovery of Information in a legal proceeding

When a case is converted, it remains the same bankruptcy case. I would suggest just contacting the trustee to make sure that your original claim is still on their claims register and that the trustee intends to pay it as ordered by the court.

Is the settlement part of the bankruptcy case? Or is there a separate class action case in federal court? You may need to file a claim through the separate class action case.

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Answered on 9/04/07, 5:24 pm


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