Money owed by DCM included in bankruptcy

[mommiebookworm]

I had an interesting conversation with DCM, she has owed me $180 for about a month now. Kept coming up with different excuses as to why she can't pay. I texted her to remind her that she was supposed to pay me on the 5th. She calls and tells me that she just this week signed paperwork to file for bankruptcy. And that she included me on the list of debts. I don't understand how that works, and if I will be able to get any of that $. She had pulled the kids out for the summer, and was going to send them back once school starts. But, at this point I won't take them back.
Ever had this happen?

[itlw8]

as low man on the totem pole you will not get the money either. do not tell her yet that you will not take them back at all but instead say you will need to pay that before I will provide anymore care.

[mommiebookworm]

as low man on the totem pole you will not get the money either. do not tell her yet that you will not take them back at all but instead say you will need to pay that before I will provide anymore care.

Ok, I won't say anything about not taking them back.

[Crystal]

I would ask Tom Copeland, he might be able to help you. I suggest you repost this thread here:

https://www.daycare.com/forum/forumdisplay.php?f=8

[mommyneedsadayoff]

I believe it depends on what type of bankruptcy she is filing. If it is a chapter 13, then basically a trustee is set up and she makes a monthly payment, which is doled out to each of her debts. I am not sure how they split up the monthly payment, so they may pay off smallest debts first (and you would get paid first), or they may break it up into payments, so you would get $X dollars for 18 months or something. If she is filing a chapter 7, then I doubt you will see any money, but you could probably still take her to court to recoup your money. Not really sure, though, and highly doubtful you would get paid even in that case, unless they garnish her wages. I would just let her know you can't provide care until she is paid in full and IF she ends up paying you, then I would probably terminate care anyway. It should never be that hard to get paid for doing your job.

[nannyde]

I would tell her that she may have filed but until you have received this in writing from her attorney and the court you expect to be made. I have heard the bankruptcy line before and it was just a way to get you to quit asking. It costs money to file bankruptcy.

[Thriftylady]

I agree we the nannyd. Are they coming any more at all now? If so refuse care until paid in full.

[Leigh]

Ask mom for bankruptcy case number. If she doesn't have one for you, get up to the courthouse and file in small claims. If she has truly filed, she'll have that number for you.

[MyAngels]

I would tell her that she may have filed but until you have received this in writing from her attorney and the court you expect to be made. I have heard the bankruptcy line before and it was just a way to get you to quit asking. It costs money to file bankruptcy.

Definitely agree with this.

If you do get notice of her bankruptcy filing (you'll get it in the mail from the court if she files and you're listed among her debts) you are not allowed to require her to pay what she owed before she filed before you would accept the kids again. You don't have to provide care again, but you can't continue to try to collect on the debt once you have notice of her bankruptcy filing.

[mommiebookworm]

Thanks for the replies. As of now, the kids are not coming. If she calls asking for me to watch them, I will tell her I need payment in full.
I agree with nannyde, it is probably a ploy to get me to stop asking for payment.

[Crazy8]

Honestly, I would write off the $180 and the family for good. If she filed bankruptcy and you are on the list maybe you'll see the money but chances are she didn't and you won't. This is why I never have a situation where a family owes me money - they leave a deposit, they pay the week before care, they show up without payment they walk back out the door with their kids. No exceptions. 13 years no one has ever owed me a dime.