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How do I file a claim against a Receiver in a criminal case?

Bozeman, MT |

I brought an involuntary bankruptcy action against a criminal enterprise on behalf of myself and several clients. The bankruptcy estate recovered significant funds. One of the clients turned out to be involved in an unrelated criminal enterprise of his own in another state. That client owed me a commission on any funds recovered in the first action. A Receiver was appointed to recover assets of the client and recovered the funds distributed by my bankruptcy action. The Receiver took over my contract with the client, and recovered $1 million dollars but now refuses to pay me the contractual commission. I want to file a claim against him/the Receivership but am not sure how to do it.

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Attorney answers 2

Posted

You should contact an experienced Bankruptcy attorney.
This is probably outside the expertise of the average general practice lawyer.

DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

Posted

It would sound like you're dealing with a situation where there is an equity receiver in place. That receiver should be gearing up for a claims process that may permit you to claim your money. There may well also be a plan in place that sets the deadlines for the filing of claims and how claims are to be resolved by the receiver. There is some guidance out there on how a receiver "stands in the shoes" of the entity in which they are a receiver. All this being said, you need to consult with an attorney who has some experience with equity receivership matters and who can review the filings to date to advise you further.

The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

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