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Openai/68543586-b3fc-8004-86a9-b3760b4894b0
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=== Assistant: To give you the most accurate and strategic advice on proving that a company in Chapter 7 bankruptcy is hiding assets, … === To give you the most accurate and strategic advice on proving that a company in Chapter 7 bankruptcy is hiding assets, I’ll need a few key details about the situation. After that, I’ll walk you through how to spot red flags, gather evidence, and take legal action if necessary. ==== Here are the core facts that would help me assess your options: ==== ===== - Full legal name of the company that filed for bankruptcy ===== * State where the company is incorporated or operated * Chapter 7 case number and court district, if you have it ===== - Are you a(n): - Employee? - Independent contractor? - Distributor/agent/affiliate? ===== * Do you have a contract or commission agreement in writing? * Were you issued 1099s or W-2s? ===== - What is the amount you (or other members) are owed? ===== * What has the company claimed on its bankruptcy schedules? (We can look at Schedule A/B for assets and Schedule E/F for debts.) * Did the company suddenly claim it has no bank accounts, inventory, or property? ===== Let me know if any of the following applies: ===== * Assets were transferred to insiders or affiliates before the bankruptcy * Company insiders started new companies using the same customers or assets * Bank accounts were drained shortly before filing * Members were promised payment, then suddenly told there are no funds * Contracts or pay records disappeared ===== - Are there owners, executives, or affiliates you believe may have benefited personally? ===== * Has the company continued doing business under a different name? ==== Once I have the info above, here's how members might expose hidden assets: ==== ===== Look at: ===== * Schedule A/B (assets) * Statement of Financial Affairs (lists income, transfers, lawsuits) * Schedules E/F (who they're claiming they owe) These documents are filed under oath and can be contradicted by evidence. ===== Ask: ===== * Did the company transfer property to insiders or affiliates in the last 1–2 years? * Did it sell assets for below market value? These may qualify as fraudulent transfers under 11 U.S.C. § 548 or § 544(b). ===== You can: ===== * Check past tax filings, annual reports, or marketing materials showing what the company previously claimed to own. * Review state UCC filings, real property records, or business registrations. * Look for evidence of: - Bank accounts that aren’t listed - Ongoing operations under a different name ===== If you find evidence or strong suspicions, you can: ===== * File a letter or complaint with the Chapter 7 trustee * Provide supporting documents (emails, transfers, invoices, etc.) * In extreme cases, the trustee may initiate an adversary proceeding or refer for criminal investigation ===== Under Bankruptcy Rule 2004, creditors can ask the court to allow a formal investigation: ===== * You can subpoena documents * You can question officers or insiders under oath * Requires a motion and court approval, but a trustee may join or help ==== If many members are owed commissions, consider forming a creditor group with shared counsel. It increases leverage and may: ==== * Get the trustee’s attention * Reduce legal costs if pursuing fraud claims or 2004 exams Would you like help analyzing the company’s bankruptcy filings, or drafting a complaint letter to the trustee? If you provide the name of the company or case number, I can get started on that.
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