Can/should I file a property lien against a company whose parent corporation filed chapter 11?

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Can/should I file a property lien against a company whose parent corporation filed chapter 11?

The Corporation that owned my former company (I was forcibly retired due to illness) filed Ch 11. My former company was a wholly owned subsidiary, but a separate legal entity of the corporation. On my behalf, the corporation filed a chapter 11 claim for money owed to me. My former company is for sale. Should I file a lien against my former company’s property in hopes of recovering monetarily if the chapter 11 claim fails?

Asked on May 30, 2009 under Bankruptcy Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Depends.  Did the parent include all of its subsidiaries? If it did, you would know by the way the case is titled. You can also call the trustee.  You can always file anything -- whether it is accepted by the court and you ultimately prevail are separate issues. 

At this point, don't try to do this yourself. Consult with an attorney in your state about the exact situation you are in.  He or she can tell you the pros and cons to filing anything.  Try www.attorneypages.com and check his or her record at the Florida State Bar.


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