Cristina M. Lipan
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Claimed Lawyer ProfileQ&A
Practice Area
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 7 Bankruptcy
Jurisdictions Admitted to Practice
- New York
- New York State Office of Court Administration
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Professional Experience
- Bankruptcy Attorney
- LaMonica Herbst & Maniscalco, LLP
- - Current
Education
- Hofstra University
- J.D. | Law
-
Legal Answers
179 Questions Answered
- Q. Filing a claim for unpaid wages. The company filed chapter 11 in the state of Delaware. I need more information.
- A: You will need to file a proof of claim either with the Bankruptcy Court or with the claims agent, if there is one. It depends on the Chapter 11 case. If there is a claims agent, there will be a website with the information needed to file a claim. If not, then you will want to check the Court's docket via pacer.gov to see if there is a deadline set for filing claims and further instructions. You can also contact the Bankruptcy Court help desk for specific information about the case, see https://www.deb.uscourts.gov/court-info.
If your claim is for wages as an employee of the Debtor (the company that filed bankruptcy) you can assert a priority wage claim under Bankruptcy Code 507(a)(4) ... Read More
- Q. I am a priority claimant and former employee in a chapter 11 case in South Texas. What support is available to me?
- A: There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to Debtor's counsel if you have questions about the specific objection, but this is a limit imposed by law, there is no other recourse.
- Q. When filling out rights to have exemptions designated form, do I have to state that my house is protected by tenancy by
- A: This response is assuming you are completing bankruptcy schedules.
Tenancy by entirety is not an exemption, it is only the type of ownership you have, as you mentioned.
On Schedule A/B you list your ownership interest in the Property (tenancy by the entirety).
On Schedule C (Exemptions) this is where you claim your exemption. Claim the full amount of the homestead exemption you are entitled to, regardless of the value you believe you own. If you're using software, you will need to override this as it calculates the difference.
You should speak to a bankruptcy attorney to make sure the real property is protected. Don't make assumptions.
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