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Do I need to attend a meeting of creditors for an owner at a restaurant which is now closed?

Des Plaines, IL |

I have been fighting Illinois Unemployment because they say I owe them $2508.00, due to the restaurant, I worked part time at during my unemployment from my "real"job, claimed I made more than I claimed, and really made, to UE. The restaurant is now closed, and I received the notice of Presumption of Abuse today. I told UE that I felt the owner was padding the amounts to cover his expenses and taxes. Is that why I got this notice? Can I use this to fight UE?

Attorney Answers 3


Its a good idea to attend so you know what is happening.

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You will learn anything a\t the meeting of creditors, but it never hurts to attend. Perhaps you can speak to the trustee about your problem. Gather any records that you may have and bring them to the meeting.

What you also is gather your pay stub records. Hopefully you were paid by check, and hopefully you deposited your check into an account rather than simply cashing them. There will be copies somewhere. This may help you with IDES.

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There seems to be a lot to this that needs to better understood. Regarding the whole payment situation, you should be promptly advised about the employment law aspects. If you feel the employer misrepresented your pay, you may have a claim and you need to protect that. Also, it is unlikely you will get far disputing the unemployment overpayment without help. There may be short deadlines that would have to be met within the bankruptcy to protect your interests.

Concerning the Meeting of Creditors, it is likely that an attorney appearing for you or reviewing the court documents will do more for you than your trying to appear, but you being there would be better than nobody appearing. You should take some time to prepare so you can better state questions about what happened.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

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