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