QUESTION

Will I get paid what is owed if a company files Chapter 7?

Asked on Nov 06th, 2013 on Business Law - California
More details to this question:
I am an applications developer and have been using the company Mobclix for over a year. They recently filed Chapter 7: http://online.wsj.com/article/PR-CO-20131104-902102.html They have already been extremely late on payments. Over 6 months late and they just recently filed. Will I ever receive the amounts owed to me?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming you have no security interest (such as a mortgage lien, or mechanic's lien, securing the amount you are owed), probably not.  In a chapter 7 bankruptcy, the trustee in bankruptcy tries to amass all of the debtor's assets (including accounts receivable, equipment, etc.) and liquidates them.  Creditors are paid out of the amount received, and each creditor is paid pro rata with other creditors of that class.  However, there certain classes of creditors, including administrative claims (e.g. the expenses of administering the bankrupt estate such as fees of the bankruptcy trustee, auctioneers, etc.), taxes, and secured creditors, which are paid in full before unsecured creditors, and there is often nothing left to pay unsecured creditors, or only enough to pay them pennies on the dollar.
Answered on Nov 07th, 2013 at 12:43 PM

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