I've posted this before, but it's worth a reminder. Here's how these things work:
1) After all the court arguments are complete, judgments get entered and they are posted as "unsecured debt" to the company. This takes a year or so.
2) The bankruptcy assigned attorney then sells whatever assets there are and socks the money in the bank. This is usually done by auction, quick and dirty, like 90 days.
3) They then hunt down the "preference payments" (all outflows from the company within the last 90 days before the end) and gets that money back. This can take years, a lot of these folks fight the return.
4) Then they pay out dough in this order:
- The court appointed attorney
- Federal tax liens (IRS, etc.)
- State and local tax liens
- Secured creditors (they may already have taken their collateral)
- Unsecured creditors (almost everyone, like AMEX, Foley, etc.)
In this last group, they add up all the remaining money, add up all the money owed, and divide it up. You get paid in proportion to what you're owed. If what they owe you is 10% of all that is owed, you get 10% of what's left. If what's left is 10% of what's owed, you get a penny on the dollar.
I know this in detail because one such case (in which I'm the largest creditor) just passed its four year anniversary. We're at phase 3...
This will not be settled for years. And the people on the bottom of the pile are likely to see maybe pennies on the dollar. In cases like this where the IRS is owed a huge amount, they'll likely see nothing.