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Post by avwriter on Aug 27, 2013 16:22:33 GMT -5
I've just been informed that ex-Avantair employees will need to file creditor claims for unpaid work at the company. The person who told me this also recommended that the employees collectively hire legal representation, as the claims need to be properly filed in the bankruptcy court -- maybe a Tampa-area lawyer would even do this pro bono. Creditors have until December 18 to file a claim, btw. Good luck.
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Post by whatwouldherbdo on Aug 27, 2013 21:35:26 GMT -5
Thanks for watching out for us, Avwriter!
We certainly appreciate it.
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pintom
Junior Member
Posts: 71
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Post by pintom on Aug 27, 2013 21:50:04 GMT -5
I just sent an e-mail to one of the bankruptcy attorneys representing a number of owners, asking about what the employees should do. He replied with the following. Obviously it's your call what to do, whether to hire an attorney, etc. But at a minimum it appears that you folks can do it on-line as well. Good luck. The question: Please see the post from the Owners' Forum that I pasted below. Is there an easy answer to the question of whether it's the trustee's job to make sure the employees get paid what they're owed or does each employee need to file an individual claim and/or get counsel? They were a great group of hard-working folks, so if we can point them in the right direction, that would be a good deed done. The answer: Any creditor who has a claim should feel free to file claims in the case. The forms and instructions can be accessed at pacer.flmb.uscourts.gov/cmecf/proofofclaim.htm. It is not the Trustee's responsibility to locate and file claims on their behalf.
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Post by aircraftmx on Aug 27, 2013 22:01:09 GMT -5
Thanks pintom.
Has anyone heard anything about the hearings so far?
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Post by Guest on Aug 28, 2013 0:42:19 GMT -5
Anyone have a case number to file the claim?
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pintom
Junior Member
Posts: 71
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Post by pintom on Aug 28, 2013 4:02:54 GMT -5
The number on the various motions I've been copied on is "Case No. 8:13-bk-09719-CPM".
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Post by Guest on Aug 28, 2013 7:52:22 GMT -5
So does anyone know if we should get a lawyer, submit our claims individually, or collectively? Is there a benefit to going one way as opposed to another?
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Post by avwriter on Aug 28, 2013 7:58:48 GMT -5
Thanks pintom. Has anyone heard anything about the hearings so far? Here's where we are: today is the deadline for the six Avantair execs to hand over all requested communications, records and documents to the trustee. Next Wednesday (Sept. 4), the trustee's counsel will begin deposing the execs under oath in Tampa. Then the evidentiary hearings will start on Sept. 11 and continue on the 13th in Tampa.
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Post by Ex-Employee on Aug 28, 2013 8:00:56 GMT -5
Thank you for watching out for us! There are two attorney groups with class action suits started. Most employees are on Facebook and members of "Furloughed from Avantair". This has been an excellent system of support for all of us. If anyone is NOT already involved in one of the suits they can go on the FB page and get the information.
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Post by avwriter on Aug 28, 2013 8:06:06 GMT -5
So does anyone know if we should get a lawyer, submit our claims individually, or collectively? Is there a benefit to going one way as opposed to another? It'd be far less expensive to submit the claims individually via the link that Pintom provided versus retaining a lawyer. Personally, I'd first try filing a claim individually through that link and then if you have problems then it might be time to look into professional legal advice (i.e. hiring a lawyer).
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pintom
Junior Member
Posts: 71
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Post by pintom on Aug 28, 2013 9:47:40 GMT -5
I agree with Avwriter. It initially seems like an unnecessary expense for you guys to pay for an attorney. What seems important (as Avwriter pointed out) is "locking in" your claim with the bankruptcy trustee and taking your place pretty close to the front of the payment line. Once she is aware of--and verifies--your claim, I believe it then becomes her responsibility to ensure it gets paid in the proper priority.
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Post by Ex-Employee on Aug 28, 2013 9:58:22 GMT -5
I agree with you, however the two class-action suits were filed that very next week so most employees are already on board with one of them. For anyone who has not done so I would go with the individual claim
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Post by vnrpilots on Aug 28, 2013 10:52:07 GMT -5
I agree with you, however the two class-action suits were filed that very next week so most employees are already on board with one of them. For anyone who has not done so I would go with the individual claim Why do you recommend an individual claim?
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pintom
Junior Member
Posts: 71
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Post by pintom on Aug 28, 2013 11:46:08 GMT -5
I don't know that they're mutually exclusive. If it were me, I'd file the on-line claim either way, just to be sure. And I'd ask about the details of how the class-action attorneys are going to be paid. If they're getting a contingent fee of something like a third of the recovery, and getting your unpaid wages is as easy as getting in line for your legally sanctioned priority above most all other creditors, I might question the value of participating in the class-action suit.
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Post by formeravant on Aug 29, 2013 12:58:38 GMT -5
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