relieved after talking with a new attorney
I just wanted to thank you all for encouraging me to talk with a new attorney. Yesterday dh and I met with a wonderful woman who had great ideas about how to help us with our BK. She is very expensive, so we probably won't be able to retain her, but she was generous in answering our questions.
One particularly vexing question was what to do about possible exposure from a worker's compensation claim with a former employee of my husband's S-corp. Basically, the insurance company that my husband's S-corp paid for all his worker's comp insurance is disputing that one of his employees was actually an employee. Typical, but oh-so-aggravating. If the insurance company wins, then dh's S-corp and dh, which and whom basically have no assets, would be liable for this young man's injuries. The insurance company should pay--that is what they got all those years of premiums for--but of course they are fighting it tooth and nail.
Anyway, I was wondering what would happen if we filed for Ch. 7 for ourselves and the S-corp and THEN got sued by the former employee in the unlikely event that the worker's comp board sides with the insurance company.
This amazingly wonderful, brilliant woman attorney said, "Oh, that's easy, you just list him as a potential creditor on the lists of creditors and you are covered."
Don't get me wrong--we want this young man's medical costs covered. He ought to be covered. But he ought to be covered by the worker's comp insurance company that was making truckloads of premium money year after year when no one ever injured themselves at my husband's company.
I've gotta say, people, see the best attorney you can. It really really helps.
One particularly vexing question was what to do about possible exposure from a worker's compensation claim with a former employee of my husband's S-corp. Basically, the insurance company that my husband's S-corp paid for all his worker's comp insurance is disputing that one of his employees was actually an employee. Typical, but oh-so-aggravating. If the insurance company wins, then dh's S-corp and dh, which and whom basically have no assets, would be liable for this young man's injuries. The insurance company should pay--that is what they got all those years of premiums for--but of course they are fighting it tooth and nail.
Anyway, I was wondering what would happen if we filed for Ch. 7 for ourselves and the S-corp and THEN got sued by the former employee in the unlikely event that the worker's comp board sides with the insurance company.
This amazingly wonderful, brilliant woman attorney said, "Oh, that's easy, you just list him as a potential creditor on the lists of creditors and you are covered."
Don't get me wrong--we want this young man's medical costs covered. He ought to be covered. But he ought to be covered by the worker's comp insurance company that was making truckloads of premium money year after year when no one ever injured themselves at my husband's company.
I've gotta say, people, see the best attorney you can. It really really helps.
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