Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.
My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for his "efforts". I was not notified of any proceedings for a meeting nor was I notified in a timely manner in which I could respond with an objection in either court hearing. I have a lien with the Secretary of State and that didn't seem to matter either. Even though I didn't receive this notice in a timely manner so I could respond with an objection, I still want to reply with the correct forms. Please advise. Thank you
A:
I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how to respond:
1. Forms to use:
The primary form you'll likely need is:
- Form B210A: "Notice of Objection to Application for Compensation"
You may also want to consider filing:
- A written objection detailing your concerns
- Any supporting documentation (e.g., proof of your lien, Labor Department judgment)
2. Key points to address:
- The lack of proper notice for meetings and hearings
- Your concerns about asset valuation
- The existence of your lien
- The discrepancy between your judgment amount and the proposed settlement
3. Next steps:
- File your objection with the bankruptcy court as soon as possible
- Request a hearing on the matter
- Consider seeking legal advice from a bankruptcy attorney
4. Important considerations:
- There may be strict deadlines for filing objections, even if you received late notice
- The bankruptcy process can be complex, especially when challenging a Trustee's actions
Given the complexity of your situation and the significant amount of money involved, I strongly recommend consulting with a bankruptcy attorney who can review the specifics of your case and provide personalized legal advice. They can help ensure you're using the correct forms, following proper procedures, and presenting your objections effectively.
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