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Lawsuits, Bankruptcy and Commingling of Funds

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steven200738

Junior Member
What is the name of your state (only U.S. law)? Minnesota. I have filed a complaint with the courts against my former employer for money owed and retaliation dishcharge. My former employer has been served, and is now possibly thinking of filing for bankruptcy for the business. We don't have a court date set yet. They don't wish to settle at all and have denied everything. I have more than enough documents and witness statements to prove my case. With the penalties and punitive damages, I estimate the judgement to be approximately $100,000 - $125,000. I am also able to prove that my former employer was funneling personal bills through the company, and using them for tax write off purposes for the business. I think this is called "commingling of funds". If I do end up taking my former employer to court, and they do file for bankruptcy, are they able to add this case to the bankruptcy even though we have not been to court and a judgement hasn't been delivered? Opinions? With being able to prove commingling of funds, my understanding is that I could go after the personal property of my former employer. Is this correct? I have already been screwed out of the money they owe me, and if I have an opportunity to secure a judgement against them and enforce it even if they do file for bankruptcy, I want to make sure I'm not screwing it up. Any opinions are welcome. I have tried to find similar case law, but have been unsuccessful. Can someone give me any useful information or websites? Thank you.
 



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