NSS Payment Issues - READ THIS FIRST

Here's the letter, for those who haven't gotten it: [i.imgur.com]
It says "Please do not file a proof of claim unless you receive a notice to do so. No property appears to be available to pay creditors." and basically if they find that the estate has assets available to pay creditors, they'll send another letter saying we can submit a proof of claim.

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I can understand them closing after the owner died. I can understand it leaving them with little to no cash. What I don't understand is how they could have kept scheduling shops for two full months or more, received payment for those shops and still claim no money to pay the contractors. It certainly smacks of fraud since someone had to direct the schedulers to keep getting shops filled.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
The courts and attorneys will now look into it and see if this could be called fraud. They may have been trying to fulfill their contract to the client. Moneys owed were possibly from previous months, not after his death. I did two jobs for them the previous month. Right after his death, I got an email to do one of their jobs from a woman that worked for them, scheduling for her company or someone else's.....

Live consciously....
Many shoppers have stated they were performing shops in March, April and possibly May. If they were fulfilling the contract to the client, why wasn't there money to pay the shoppers? For the pizza shops in particular, a portion of those payments from the client was to reimburse shoppers, not pay other bills.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.


Edited 1 time(s). Last edit at 03/04/2018 02:09AM by LisaSTL.
I don't really have a horse in this race, but... Was the letter requesting that folks not file a claim against the estate from the court or the estate's attorneys?

If you are a creditor, you have the right to file a claim. You have a right to be a part of the conversation about the estate. It is not up to the estate to determine which creditors are paid, rather that is a judgement to be made by the courts.

It seems to me that there are two choices: Let the money go and forget about it. Or, file in small claims court.

Hard work builds character and homework is good for your soul.
I never did or cared about the pizza shops, so don't know how long they continued. I only did their high end retail and one restaurant in my town, which I didn't see after his death.. They probably made most of their money from the pizza jobs, so yes, after his death they (of course) should have gotten paid.( Disclaimer)....I only speak from what my personal experience was, they were my first company (one of them), we just don't know enough about who handled funds after his death. Maybe payroll didn't get paid and left...however it was, it ended up being a mess.

Live consciously....
I don't claim to understand how the courts work in these situations. It does seem the big guys tend to get paid before the little guys. That said, logically it would seem reimbursement for actual money spent may be viewed differently. I would be interested to know how the client was billed for shops performed. In other words, was the bill itemized to show reimbursable expenses versus other fees and was the client invoiced after February. If the client paid invoices for those last three months, I'm sticking with fraud for them scheduling shops and adding theft for them not paying expenses.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
The question becomes, who kept the jobs going, who was the second in charge. The letter as I understood it said you could attend the hearings when they have the meeting of creditors March 27th., also said, please do NOT file a proof of claim unless you get a letter to do so. This is a Chapter 7 Bankruptcy case...maybe there is an attorney on the forum.

Live consciously....


Edited 2 time(s). Last edit at 03/04/2018 02:41AM by Irene_L.A..
Having read the bankruptcy petition filed with the court, seems NSS is telling the court they only have about $37k ($37,714.68) in assets to pay over $500k ($528,669.78) in liabilities. Two of the Wells Fargo bank accounts listed have a negative, overdrawn balance (-$21.90 and -$263.19). There is nearly no cash left (on the surface), only about $1,714.68. Seems most of the assets are in property (desks, computers, etc.) estimated at $20k, and some type of settlement the company received around $16k. Just from the petition (over 400 pages), I can't even begin to see where the money went, especially money that should have been designated to, if not pay the fee promised, at least pay the reimbursement of the purchase made by shoppers. Something doesn't smell right about this.
Did a search but didn't see any threads with this topic. Anyone else get the letter about bankruptcy being filed? I think they only owed me $14 for a pizza on that last month. I don't suppose we need to do anything with these then?

MegglesKat
Yeah, we tacked on our posts about that on the NSS thread. It looks like they don't have any money to pay anyone. I am owed about $700. You got off lucky.
The topic is active in the other NSS thread....

Hard work builds character and homework is good for your soul.
I suspect that the estate is working to separate NSS assets from personal assets. For instance, if I remember correctly, the owner had a restaurant and large property with a vineyard. It is very possible that the estate quietly worked to isolate NSS from Wozniak's personal assets between the time of his death and the time NSS stopped operating. This would protect the family's interests.

Were I owed more than a few dollars, I would file a claim against the estate. I would not trust the estate's attorneys to look out for my own interests. I would want to know if NSS paid the family or co-owner well before filing.

Hard work builds character and homework is good for your soul.
@MFJohnston wrote:

I suspect that the estate is working to separate NSS assets from personal assets. For instance, if I remember correctly, the owner had a restaurant and large property with a vineyard. It is very possible that the estate quietly worked to isolate NSS from Wozniak's personal assets between the time of his death and the time NSS stopped operating. This would protect the family's interests.

Were I owed more than a few dollars, I would file a claim against the estate. I would not trust the estate's attorneys to look out for my own interests. I would want to know if NSS paid the family or co-owner well before filing.

You are spot on with this. I am owed $30 I think? $20 of which was a bonus. Not persuing it, other than to write off my unreimbursed expense.
Look at the sticky on the main page.

"I told myself to quit you; but I don't listen to drunks." -Chris Stapleton
I don't have a dog in this hunt, but it doesn't stop me from wondering why so many shoppers are willing to write off small amounts owed to them without looking at the big picture. $30 here and $14 there is adding up to thousands of dollars just owed to regular posters here. Not to mention a large portion is reimbursements for assignments scheduled after the owner's death. I would not expect anyone to spend thousands of dollars and all their waking hours pursuing this. I just can't help thinking if it would make a difference if you all got together and presented some type of united front. If nothing else by proving jobs were scheduled in bad faith.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
Never try to teach a pig to sing. It's a waste of your time and it really annoys the pig.
@LisaSTL wrote:

I don't have a dog in this hunt, but it doesn't stop me from wondering why so many shoppers are willing to write off small amounts owed to them without looking at the big picture. $30 here and $14 there is adding up to thousands of dollars just owed to regular posters here. Not to mention a large portion is reimbursements for assignments scheduled after the owner's death. I would not expect anyone to spend thousands of dollars and all their waking hours pursuing this. I just can't help thinking if it would make a difference if you all got together and presented some type of united front. If nothing else by proving jobs were scheduled in bad faith.

This is what happens in bankruptcy.You have debts that you can no longer hide by paying a little here and a little there. No idea why Wozniak chose to take his own life, but I am quite sure this company was losing money for a long time. If it were a large company with good insurance and assets, it would be worth trying some sort of class action. But 37K on 528K liabilities means about a 7% dividend if all creditors shared equally. A hard lesson for us mystery shoppers, but one too remember.... don't allow any company to get behind in paying you and when they do, stop until you get paid.
@LisaSTL wrote:

I don't have a dog in this hunt, but it doesn't stop me from wondering why so many shoppers are willing to write off small amounts owed to them without looking at the big picture. $30 here and $14 there is adding up to thousands of dollars just owed to regular posters here. Not to mention a large portion is reimbursements for assignments scheduled after the owner's death. I would not expect anyone to spend thousands of dollars and all their waking hours pursuing this. I just can't help thinking if it would make a difference if you all got together and presented some type of united front. If nothing else by proving jobs were scheduled in bad faith.

We did that when G3 went under, and we got $0. We were very organized.

We have a shopper who was owed close to $1000 and couldn't even get her paperwork in properly with certified mail. I have no interest in helping those who should be helping themselves. She wanted to wait it out before spending $5 to do it right. $10 pizza, $20 bonus (really the fee should have been $5). Who is going to organize this? The shoppers who are owed the big money should be doing it, not the ones owed $30. Find 10 shoppers who are owed $1000. That would be noteworthy.
Tried to search for NSS + Bankruptcy -- no results that had the term bankruptcy when using ctrl+F on the first several pages of results. I guess search feature doesn't dig into the meat of the threads enough. I don't think I could have ever done as much as $700 with as few shops as they had in Kentucky. Whew. That's a couple weeks worth of pay for some people sad smiley

MegglesKat
I just wanted to throw something out there, I think it is worth filing a claim. His is a personal experience......

I used to work for a printing company. We did some printing for a company (direct mailers and such), they paid us and we thought all was well. A few months later, that company we did some printing work for, went bankrupt. I have NO idea how they were able to do this, but the bankruptcy court decided, they should have never paid for printing material (they should have paid other bills), so we had to refund the money they paid, so the bankruptcy court could use that money to pay other bills, they determined were higher priority. The mailers we printed, were already used, so we never got anything back, but the court, got our money and used it to pay other debt.

It just goes to show, you never know what will happen as part of a bankruptcy.
That’s a pretty common occurrence.
Problem is that the shoppers would not come before any employees. If there were still people working office scheduling jobs they get paid first
I'm owed 60.00 with 25 of that a reimbursement (not the pizza)...why would I undertake that and spend more hiring an atty.....not worth my time.

Live consciously....
@MFJohnston wrote:

I suspect that the estate is working to separate NSS assets from personal assets. For instance, if I remember correctly, the owner had a restaurant and large property with a vineyard. It is very possible that the estate quietly worked to isolate NSS from Wozniak's personal assets between the time of his death and the time NSS stopped operating. This would protect the family's interests.

Were I owed more than a few dollars, I would file a claim against the estate. I would not trust the estate's attorneys to look out for my own interests. I would want to know if NSS paid the family or co-owner well before filing.

If NSS was an LLC or Corporation (which I'm fairly certain it was) then it's assets were already separate from the estate long before the death. No one owed by NSS has any claim whatsoever against the estate. Now, if it was found that after his death assets or cash was taken out of NSS then there could be a claim against whoever did it. If *I* were owed money I would absolutely be asking for bank records and taking action if that happened.

There are reasons that a body stays in motion
At the moment only demons come to mind
Oooh. How interesting. I just looked at the bankruptcy notification someone posted. NSS was part of a larger corporation that apparently included both the wine bar and winery. I would guess that the real estate the winery sat on was owned by another entity and leased, otherwise assets would be MUCH larger than that. It looks like the company really may have been bankrupt.

There are reasons that a body stays in motion
At the moment only demons come to mind
I mean I don't wanna be rude but why the hell were they not 3 different LLCs?????
Wineries don't make money. Even people that know nothing about wine but know about business know this. Like 99% of them lose money. That HAS to be a separate business so when it fails it doesn't take down the profitable ones.

There are reasons that a body stays in motion
At the moment only demons come to mind


Edited 1 time(s). Last edit at 03/06/2018 01:50AM by bgriffin.
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