Priority Claims re:bankruptcy

What is the name of your state? ohio

My husband and I need to file a priority claim against someone's bankruptcy. We were told if we did that and that if we went to the bankruptcy hearing and declined to have our $5,000 included in the person's bankruptcy that we would have a chance to get our money back.

Do we have to have a lawyer for this? What is the procedure to file this claim on my own.

Thanks,
TrixieZ

[djohnson]

you can file a claim on your own but depending on how detailed you need you will probably need an attorney. Why is your claim a priority claim? If you don't file and it is prepetition you stand a chance of getting nothing. We really need more information. Who told you if you didn't file a claim you would get your money? That is against bankruptcy rules to pay.

We gave a $5,000 deposit to purchase a home, and then were unable to purchase the home. We would like to get our $5,000 back. We were told deposits were priority claims. We'd like to file this claim and show up in bankruptcy court to deny this debt being included in the bankruptcy. I just need to know how to file the paperwork, and where to get the paperwork, etc. Please respond ASAP - time is of the essence.

Thanks,
TrixieZ

[djohnson]

Your state should have a bankruptcy site that you can print the forms needed from. You may be required to have PACER in order to get it. You will probably also need to have a written letter stating why you want it denied. Also any attorney or bankruptcy court should be able to give you the blank forms. You may want to talk to an attorney and have them represent you. But be prepared just because you don't want it included doesn't mean it won't be.

Who did you pay this money to? Was it a realtor, a builder, a private individual?