I received a postcard about SCH Corp. , ACCS Corp., and American Corrective Counseling Services Inc. , filing Ch. 11 (Bankruptcy), in this postcard it is talking about a claim I might have.
A lot of people have received the postcard about the American Corrective Counseling Service company filing for Chapter 11 bankruptcy.
American Corrective Counseling Service worked in conjunction with the District Attorney office in a number of jurisdictions and sold consumers a ‘class’ to help rehabilitate them. The class seems like it was more of a financial windfall for American Corrective Counseling Service and people paid a lot of money to deal with unfortunate bad checks.
On January 19, 2009 ACCS filed a Chapter 11 bankruptcy and this apparently set off a set of events which lead to the postcard being sent to everyone that took one of their classes in the past.
I am not sure what you could claim back other than the cost of the class? The postcard is not specific and neither is the bankruptcy filing. I suppose it does not hurt to fill out a claim form and send it in asking for a refund of the entire fee paid for the class but I would be highly doubtful that there would be sufficient assets available to refund all the class fees after priority creditors are paid. But, the bankruptcy filing indicates that funds will be available for distribution to unsecured creditors.
According to the information at www.schcorppoc.com this is what the postcard sent out to people says:
SCH Corp. (Case No.09-10198), ACCS Corp., and American Corrective Counseling Services, Inc. (the “Debtors”) each filed Chapter 11 Cases on January 19, 2009 (the “Petition Date”) in the U.S. Bankruptcy Court for the District of Delaware. This notice is being sent to you because the Debtors’ records indicate you may have been eligible for participation in a diversion program and prior to the Petition Date you might have been contacted by the Debtors or paid money with respect to such diversion program. If you think you have a claim, under the Fair Debt Collection Practices Act or otherwise, against any of the Debtors that arose before the Petition Date, you must file a Proof of Claim before May 18, 2009 at 4:00 p.m. (ET), which is the Bar Date established by the Bankruptcy Court, or you will be barred from any recovery on such claim.
In addition, the Debtors propose to sell substantially all of their assets to Levine Leichtman Capital Partners III LP or any qualified over-bidder (the “Sale”) at an auction to occur on March 30, 2009 (the “Auction”) and will seek approval of the Sale on March 31, 2009. The last date to oppose the Sale is March 24, 2009 by filing an objection with the bankruptcy court at the address set forth below. Except as otherwise provided in the asset purchase agreement, the Sale will be free and clear of any liens, claims, interests or encumbrances you may have, including but not limited to claims based on theories of successor liability.
If you want information about how to file a Proof of Claim or about the Auction and/or the Sale, you can (i) go to the website below and download the Bar Date materials and/or the Auction and Sale materials free of charge; or (ii) view such information free of charge on the docket of Bankruptcy Case No. 09-10198 (BLS) in the Office of the Clerk of the Bankruptcy Court, 3rd Floor, 824 Market Street, Wilmington, Delaware. Information regarding where and how to file a Proof of Claim also is available by calling the toll free number below.
Please limit your contact to the following website address or the toll free number:
Website: http://www.schcorppoc.com Toll Free Number: (866) 685-6985
The claim for that you would have to complete to ask for a refund of the bad check diversion class you paid for is online here.
My advice is that you follow the instructions on the claim form and submit a claim. If you get a refund, that’s great. If you don’t, oh well.