What to do if an employer for files Chapter 7?

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What to do if an employer for files Chapter 7?

Does the company have to pay wages and vacation that is owed to me? And do I need to attend the meeting of creditors?

Asked on November 26, 2010 under Bankruptcy Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unpaid wage and vacation pay, etc. rank as "preferred" claims in a bankruptcy proceeding (behind "secured" creditors but ahead of ordinary creditors).  If you have not already done so file a wage claim then, although you don't have to, attend the meeting of creditors to make sure that your interests are fully protected.  Employees who are owed wages share in the remaining assets of their bankrupt employer.  In some cases, there will be sufficient assets to satisfy employee claims in full; in others, employees may be compensated for only a portion of their claims or receive nothing at all.


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