Post-bk & looking for help in collecting $ due me

[scrood2x]

Hi-due to husband losing job and all interest in finding a replacement, we were finally forced into bankruptcy (ch 7) in 2004. I had just gotten a new job selling new homes for a local custom home builder-- straight commission, no withholding. Sold lots of homes for him, and I get paid when each home is finished. Now he's heading for chapter 11, because he hasn't been getting the houses finished on time (because he hasn't paid the subcontractors, so they don't show up for work) and the carrying fees on the construction loans are eating his profits. So any money he gets is going to subcontractors, from now on.
As a bk, I have no credit, was trying to rebuild my life, and now this--he already is in arrears $41,000 of commissions, and homes that should have finished in Q3 and Q4 of 2005 (and for which I was expecting pay) are "expected" to finish in Q1 and Q2 of 2006, and I may never get a penny of commission! Help! The subcontractors can put mechanics' liens on the houses to get their money, but what can I do? I am on every sales contract that I wrote for this guy, but he claims that merely makes me an unsecured creditor, and if he goes chap 11, it'll be months before I see anything. And even that could be cents on the dollar. ANY advice would be appreciated. I'm in northern VA, by the way, is there some place I could go to find some legal advice here? Thanx and a better new year to us all

[StaciMM]

Your best bet would be to speak to an attorney. I don't think there is much experience w/ business debt and chapter 11 here.

[HRx]

Hi,

I really dont think we'll be to much help to you here, since this forum is focused more on consumer BK Chp 7, and 13. Your best bet is to consult with an attorney that is competent with Chp 11 BKs, so you can determine what your best course of action would be. Your obvious course of action would be to take legal action against the builder, but it behooves you to get a clear idea of what kind of results you can expect, since the builder filed Chp 11. A very competent attorney in NoVa is Tommy Andrews, 703-838-9004 give his firm a call and take advantage of thier free consultant to get an idea of what direction you should move in. Keep in mind that I am in no way affliated with the above attorney...he simply has an excellent reputation in the DC Metro area.

Good Luck!