to comply with the requirements for filing a third-party claim to the Subject Funds. B. Griffin Lacks Standing to Assert a Claim Notwithstanding the timeliness of Griffin’s attempt to file a third-party petition, Griffin’s prospective petition must be dismissed due to her lack of standing to pursue a claim in the ancillary proceeding. Griffin claims that she is entitled to $17,702.65 in wages, vacation pay, and payroll deductions arising from past services rendered to GDC. (See Griffin Ltr. ¶ 2.) Because Griffin cannot claim ownership or a security interest in any specific assets contained in the preliminary orders of forfeiture, Griffin’s general claim for monies owed to her would only establish her as a general creditor of GDC with a right to payment. See Schwimmer, 968 F.2d at 1581 (<HOLDING>). The Second Circuit has repeatedly held that a
holding that a wifes interest in property has priority over a general creditor holding that a cause of action for wrongful death is an asset of an estate holding that a general creditor does not have a property interest superior to defendants in any particular asset or funds until he has obtained some judgment and secures that asset or those funds holding that a claimant without an interest in a particular specific asset lacks standing to initiate ancillary proceeding holding that party that did not establish ownership in specific funds was a general creditor that only had a right to payment